How to Prepare an Affirmative Asylum Application (Part: 1)

How to Prepare an Affirmative Asylum Application (Part: 1)

If you find yourself physically present in the United States, without being detained or in removal proceedings, and you are considering applying for asylum under 8 U.S.C. § 1158 due to fear or experience of persecution in your country of origin, then we can provide you with a brief overview of the application process:

1. 1. Prepare a Form I-589, “Application for Asylum and Withholding of Removal” to U.S. Citizenship and Immigration Services (USCIS).
   2. Prepare and include supporting documentation of your fear of persecution, including your personal declaration.
   3. Submit all these to USCIS within the one-year deadline.
   4. Await your personal interview and
   5. Attend an interview at an Asylum Office.

Where to Obtain USCIS Form I-589?

You can download the asylum application form for free from the I-589 page of the USCIS website. In fact, Form I-589 is the only form you’ll need to file to apply for all of the following forms of relief, and you may want to apply for more than one, so that you have back-up options:

1. 1. asylum
   2. withholding of removal and
   3. protection under the United Nations Convention Against Torture (CAT).

If you hire an attorney to handle your case, the attorney will prepare the I-589 form for you, using the information you provide.

How to Fill Out the Asylum Application (Form I-589)

1. 1. Before you fill out Form I-589, make sure to carefully read the USCIS instructions provided for Form I-589.
   2. Note that if you fail to answer even one question on the form, USCIS will send the entire application back to you to revise and resubmit. So, if no answer exists, or a question does not apply to you, simply type “N/A” (“not applicable”) in the answer space for that question. Make sure not to leave any spaces blank.
   3. When answering questions on Form I-589, be sure to provide sufficient information about your race, nationality, ethnicity, religion, tribal and clan membership, or political affiliations, especially if you are applying for asylum due to being hurt or threatened because of one of those factors.
   4. Be careful to list all of your biological and adoptive children. Include children even if you are not (or were never) married to their parent. Also include your children, even if they are married or 21 years old or older. (Although married children and children who are 21 years old or older do not receive asylum automatically when your application is approved, you may file for their legal status once you become a permanent resident or citizen. Failure to mention them at this point could create trouble for those later petitions.)
   5. If you cannot remember specific dates, try to include the month and the year if you can remember them accurately. If you are estimating a date, state so by noting that the date is an estimate (“est”) or approximate (“approx”). Make sure that all of the information you provide is accurate to the best of your ability. Do not try to guess specific dates if you cannot remember them.

Describing Why You Are Seeking Asylum in Form I-589 Part B

In Part B of the I-589, you will need to address the important question of why you are seeking asylum. You should include information about what happened to you and your family in the past, which has made you afraid to return, why you (or your family) were harmed, and what you believe would happen to you if you had to return to your home country.

You should describe specific incidents and dates, and include as much detail as you can remember. Do not simply write general statements. Again, if you cannot recall an exact date, state that you are estimating it.

Attaching a written declaration to your application (described below) is a good idea. That way, you can give short answers to the questions in Part B, and say “See also attached declaration.”

How to Prepare a Declaration to Accompany Form I-589

Your written statement (declaration) should explain in detail why you left your home country and why you are afraid to return there. You are not required to include it with your asylum application, but it will help the asylum officer better understand why you are applying for asylum.

Such declarations often go on for several pages. You will want to include the following information:

1. 1. Your name; birth date and birthplace; citizenship; ethnicity; tribal or clan affiliation.
   2. Your parents’ names and address; number of siblings and their location.
   3. Your spouse’s name and location; date and place of marriage; number of children.
   4. Your background, schooling, and employment history.
   5. Any political or religious involvement that you had.
   6. A detailed explanation of everything that has happened that makes you afraid to return to your country. Make sure to include specific dates, places, names, and witnesses. Explain how exactly you were harmed or threatened, and the reasons why you were harmed or threatened.
   7. A detailed explanation of harm or threats that your family or friends suffered in your home country. Again, include dates, places, names, witnesses, and how and why they were harmed or threatened.
   8. What you think will happen to you if you have to go back to your home country, and why.
   9. Why you cannot move to a different part of your home country to be safe.

At the end of your declaration, write: “I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.” Then sign the declaration and date it.

This is also something an attorney can help you draft, if you hire one.

Read part two here