Legal Help with I-589: Stop Removal with Asylum

A  person facing removal (formerly known as deportation) from the United States can apply for asylum and for withholding of removal, which essentially means that a person is applying for protection from the United States and needs to stay in the U.S. based on the need for protection.

An alien must be physically present in the U.S. to apply for asylum.

Asylum is granted to aliens who can prove they would face persecution based on their status as belonging to a particular class of people if they were forced to leave the U.S. and if there is no other safe country available to them.  An alien will have to prove she has a well-founded fear of persecution based on race, religion, nationality, political or social group.  The status as part of the class must be the main reason for the persecution.

Important Information about the I-589 Process

• An alien applying for Asylum and Withholding of Removal who is currently in Immigration Court must file an I-589 with that particular Immigration Court.
• There is NO filing fee for filing for asylum
• You must file within one year of arriving in the U.S. unless you can prove extraordinary circumstances prevented you from filing
• You can also file for your spouse and your children under age 21 (proof of marriage and children will be required)
• If your spouse or unmarried children under age 21 are outside of the U.S. when you apply for asylum they can file Form I-730 Refugee and Asylee Relative Petition
• Anything you write in the application can be used against you if your petition for asylum is denied
• An asylum interview will be held with an asylum officer or in court with an immigration judge.  Your eligibility to apply for asylum will be determined at that interview/hearing.
• If you have applied for asylum and been denied in the past, you will have to show circumstances have changed since your last application

Getting Legal Help with the Process

If you are applying for asylum and particularly if you are currently being detained and facing removal, you need professional legal assistance from an immigration attorney.  Removal is one of the harshest penalties in immigration and will have consequences for years beyond removal.  Making a legal argument for asylum is complicated and fact-specific.  An immigration attorney can help you put together your strongest argument for asylum.  If you cannot afford an immigration attorney, there are non-profit organizations which can assist you.