I-589, Application for Asylum and for Withholding of Removal

Use this form to apply for asylum in the United States and for withholding of removal (formerly called “withholding of deportation”). You may file for asylum if you are physically present in the United States and you are not a U.S. citizen.

If you fail to file Form I-589 within one year of your arrival in the United States, you may not be eligible to apply for asylum under section 208(a)(2)(B) of the Immigration and Nationality Act (INA).

Affirmative Asylum

If you are in the United States, you may apply for asylum regardless of your country of nationality or current immigration status if you were persecuted or have a fear that you will be persecuted because of your race, nationality, religion, membership in a particular social group, or political opinion.

To be considered for asylum within the United States, you must:

  • Be physically present in the United States (it doesn’t matter how you arrived) for less than 1 year from the date of your last arrival, unless you can show that you qualify for an exception to this requirement; and
  • Demonstrate that you were persecuted or that you are afraid you might be persecuted because of your race, religion, nationality, political opinion or membership in a particular social group.

You can include your spouse and unmarried children under 21 years old on your application. You can do this when you file your application, or at any time before USCIS will make a final decision on your case.

If you are not eligible for asylum, you might be eligible for “withholding of removal,” which prevents the U.S. government from sending you to your home country during the time that your life or freedom may be threatened. You can ask for withholding of removal even if more than 1 year has passed since your last date of arrival to the United States. However, only the Department of Justice’s immigration court can grant a withholding of removal, and it does not include family members. For more information please visit USCIS Asylum and Obtaining Asylum in the United States pages.