|
| |
The I-589 form, officially known as the "Application for Asylum and for
Withholding of Removal," is used by individuals in the United States who are
seeking protection from persecution or fear of persecution in their home
country. This form is submitted to the United States Citizenship and Immigration
Services (USCIS) or the Executive Office for Immigration Review (EOIR) to
request asylum or withholding of removal. Here are the primary purposes and uses
of the I-589 form:
1. **Application for Asylum**: The I-589 form is primarily used by individuals
who are applying for asylum in the United States. Asylum is a form of protection
granted to individuals who have suffered persecution or have a well-founded fear
of persecution based on race, religion, nationality, membership in a particular
social group, or political opinion.
2. **Withholding of Removal**: In addition to asylum, applicants can use the
I-589 form to request withholding of removal. This is a related but distinct
form of protection that prohibits the U.S. government from deporting an
individual to a country where their life or freedom would be threatened based on
one of the protected grounds. Withholding of removal provides a more limited
status than asylum and does not lead to permanent residency or citizenship.
3. **Eligibility Requirements**: To qualify for asylum, applicants must
demonstrate that they meet the definition of a refugee under U.S. law, which
includes proving past persecution or a well-founded fear of future persecution.
The fear of persecution must be linked to one of the five protected grounds
(race, religion, nationality, membership in a particular social group, or
political opinion).
4. **Filing Deadlines**: Asylum applicants are generally required to file the
I-589 form within one year of their last arrival in the United States. There are
exceptions to this deadline for individuals who can demonstrate changed
circumstances that materially affect their eligibility for asylum or
extraordinary circumstances related to the delay in filing.
5. **Supporting Documentation**: Applicants must provide detailed information
about their identity, the reasons for seeking asylum, and any relevant evidence
to support their claims. This can include personal statements, affidavits, and
any other documentation that substantiates the claim of persecution or fear of
persecution.
6. **Biometrics and Interview**: After filing the I-589 form, applicants are
typically required to attend a biometrics appointment to provide fingerprints
and photographs. Following the biometrics appointment, asylum seekers will be
scheduled for an interview with a USCIS asylum officer. During the interview,
applicants will have the opportunity to present their case in detail.
7. **Process and Decision**: If the asylum officer determines that the applicant
qualifies for asylum, they will be granted asylum status. If the application is
not approved, the applicant may be referred to immigration court for removal
proceedings, where they can renew their asylum request and seek withholding of
removal or protection under the Convention Against Torture (CAT).
The I-589 form is a crucial tool for individuals seeking protection in the
United States from persecution and danger in their home countries. The asylum
process provides a legal pathway for individuals to secure safety and
potentially build a new life in the United States.
|
