What USCIS Forms Do I Need to File for Asylum?

The United States Citizenship and Immigration Services (USCIS) forms you will need to file for asylum will depend on your request, your family situation, and how you complete your application. Regardless of which set of USCIS forms are required for your situation, make sure that you use the most current version of the required form. Using an outdated form can result in a rejection of your application for asylum.

Asylum Application Form I-589

The basic USCIS form that begins the asylum application is Form I-589. You must file the original, plus two copies, and a passport-style photo. Your family situation may require the addition of other forms. For example, if you have dependents, you will need to attach a completed I-589 for each dependent, as well as evidence of their relationship to you. You may also need to attach copies of marriage licenses, divorce decrees, and birth certificates to complete the application. USCIS will not consider your application officially filed until all attachments to the application are complete and submitted. This is extremely important to remember if you are close to the one year deadline for filing.

Individuals who do not speak English can complete their I-589 and any other forms in their native language. However, they must also submit certified English translations for each foreign language document. The document must be accompanied by an affidavit from the person who translated the documents stating the date they completed the translation and listing the languages in which they are fluent. The affidavit should also include the translator’s contact information, including name, address, and phone number.

Additional USCIS Forms for Asylum Applicants

Asylum seekers cannot work in the United States until their completed asylum application is filed and accepted. If you need to work while you are awaiting a final decision, you can submit Form I-765. I-765 is a request for authorization to work. As noted above, if your application is not complete with all required attachments, you cannot submit your request for authorization to work.

Additionally, if an attorney will be representing you during the asylum application process, you must also file Form G-28, a notice of appearance of counsel.

If you qualify for affirmative asylum processing, you will submit your application and forms to the USCIS service center in your area. If you are in removal proceedings, you must make a request for defensive asylum processing directly to the immigration judge handling your case. Misfiling your application with the wrong entity can result in missing important deadlines. If you have questions about the required forms or procedures, don’t hesitate to consult with an immigration law attorney.

Case Studies: USCIS Forms for Filing Asylum

Case Study 1: Filing an Asylum Application

Maria is seeking asylum in the United States due to persecution in her home country. She wants to know which USCIS forms she needs to file to initiate her asylum application. Maria needs to complete Form I-589, the Application for Asylum and for Withholding of Removal. She must file the original form, along with two copies, and include a passport-style photo.

If Maria has dependents, she will need to complete a separate I-589 for each dependent and provide evidence of their relationship. In addition, she may need to attach supporting documents such as marriage licenses, divorce decrees, and birth certificates. It is crucial for Maria to ensure that all required forms and attachments are complete and submitted to USCIS.

Case Study 2: Requesting Work Authorization

Ahmed has filed his asylum application and wants to know if he can work while awaiting a decision on his case. If Ahmed needs to work while his asylum application is pending, he can submit Form I-765, the Application for Employment Authorization. However, it is important to note that Ahmed’s asylum application must be complete and have all required attachments before he can submit the I-765 to request work authorization.

Case Study 3: Attorney Representation

Elena is seeking asylum and has decided to hire an attorney to represent her during the application process. She wants to know if there is any additional form she needs to file. If Elena has retained an attorney to represent her, she must also file Form G-28, the Notice of Entry of Appearance as Attorney or Accredited Representative. This form notifies USCIS that Elena is being represented by legal counsel.