If you’re reading this blog, you’re probably already familiar with the form I-589, Application for Asylum and Withholding of Removal. Whether your case is in Immigration Court or the Asylum Office, this is the form that you use to apply for asylum, withholding of removal under INA § 241(b)(3), and relief under the United Nations Convention Against Torture.
At the beginning of the asylum interview or the court case, the applicant has an opportunity to make corrections to the I-589. It’s not a problem to make corrections, and generally, correcting errors on the original form does not reduce the likelihood that the application will be granted. In the worst case, the applicant will need to explain the mistake(s), but even this is fairly rare.
You might think that the most important questions on the I-589 are the ones on page 5 related to why you need asylum. It makes sense, since that is the whole point of the form. But, au contraire, in asylum world, things that make sense are rarely the correct answer. The questions about asylum are generally easy to answer on the form, and you have ample opportunity to elaborate on your answer in an affidavit or at the interview.
So what is the most important question on the form? It’s the question that appears on page 1, near the very beginning of the form, in Part A.I., question 6: “What other names have you used (include maiden name and aliases)?” What’s so important about this question, you ask. I will endeavor to explain. But first, a bit of background.
Every asylum applicant must undergo a background check. The check is a bit of a mystery, but it involves a biometrics check and a name check. The background check also involves multiple data bases, and it can be quite time consuming–some people wait years for the completion of their checks. Theoretically–and hopefully–the background check will be completed before the interview or the court case. That way, the applicant can receive a decision shortly after being interviewed. If the check is not complete, or if new information arises at the interview and the check must be augmented, the case will be delayed–possibly for a very long time.
In my office, for example, we have dozens of clients who have been interviewed, but are still waiting for decisions in their cases. Some have been waiting for weeks or months; the longest delayed applicants have been waiting over two years! Most of these delays seem to be because the security background checks are not complete. For people who are single, or whose spouse and children are with them in the United States, the wait may be tolerable (stressful and unpleasant, but tolerable). For people who are separated from their spouse and children, the wait is horrific. How can a mother or father be apart from small children for months or years? Yet this is what many applicants are enduring today.
Which brings us back to the question about “other names used.” If you fail to include every name you have used in your life, the Asylum Office may have to start the security background check all over again for any names that you add to the form during your asylum interview or your court case. So while it is not a problem to correct this question, adding a new name to the form could cause months (or more) of delay. For this reason, it is important to include any and all names you have used when you first submit the form.
Your name on the I-589 (Part A.I., questions 3, 4, and 5) is generally your name as it appears on your passport. So what “other names” should be listed on the form? You should include the name on your U.S. visa, including the notorious “FNU” or “first name unknown,” which often appears on US visas for people who have only one name. If you have a maiden name, include that. Also, list any different spellings of your name that you (or others) have used. If you have nicknames, pseudonyms or aliases, list those too. Of course, if you have ever changed your name, list all previous names you have used. If you ever list your name as “son of” or “daughter of,” include that. Finally, different countries and cultures have different naming conventions. Sometimes, a person’s name is the given name, followed by the father and grandfather’s name, or a tribal name. You should list all iterations of your name.
It is important to answer all questions on the I-589 form as completely and as accurately as possible. But the question about “other names used” is particularly important. If you forget to include all the names you have used, it could cause additional long delays in your case. To paraphrase the immortal Dr. Seuss, “Be your name Buxbaum or Bixby or Bray, or Mordecai Ali Van Allen O’Shea, make sure to include all your names on the I-589 form. Then you’ll be off to great places. So, get on your way!”
Hello sir I’m aply my asylum i589 last year agust but till I don’t got recpit?
Sounds like something is wrong. You can contact your local asylum office to see whether it was received. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you can file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of your case (assuming it was received), but this takes months. If you do not get a quick answer from the Asylum Office, you may want to submit a new I-589 and explain that it is a second filing. Also, a person is required to file for asylum within one year of arriving in the US, and if your first application was not received, you may want to submit a new application before your one-year anniversary in the US (or at least, as soon as possible). You may want to talk to a lawyer about this to get advice more specific to your situation. Take care, Jason
Hi Jason, I have a question…. I submitted form I-589 3 months ago, I was single at the time with no children. I’m planing to get married in 6 months, my future spouse is not a US citizen and doesn’t have a green card either. Can he and his 3 year old child get the same benefits I’m going to get like the employment authorization card while my case is pending, can I include him and his child in my application once we get married? Thank you very much.
Once you are married, you can add your spouse and the child to your case. For instructions about that, contact your local asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. Once they are added to the case, they can get the EAD, just like you. Take care, Jason
Hi Jason,
Thank you so much for everything you are doing for us. I have some questions or rather some concerns, and I appreciate your help in this regard. I and my wife would like to apply for asylum. I am on a J-1 visa, but I have passed the one-year deadline. I will remain in J-1 status until June 30, 2017. My wife is on B2, but she hasn’t yet passed the one-year deadline. she is still in legal status. My questions are, 1- Can we submit separate 1-589 applications? but at the same time remain each other’s dependents. As I am concern that I might not be eligible for asylum because of one year’s rule, so I would also like to include myself as the dependent of my wife in her asylum application. 2- We also have a U.S born baby. What effects will the baby have on our applications for asylum? Take care, Khair
1 – You can, but the asylum office will not like that you are giving them double work, and you should only do that if you both have valid cases. If you are lawfully present in the US, you should meet an exception to the one year rule (we frequently do cases like that, and it has not been a problem). Maybe talk to a lawyer about the specifics of your case to be sure. 2 – Unless the baby is related to your fear of harm in the home country, a US-citizen child has no effect on an asylum case. Take care, Jason
Hey .. I have question
I provide asylum application on December 12 2016
Until today I didn’t receive a receipt
Is that normal
It seems longer than normal for me. Make sure you mailed it to the correct address. Also, you can contact your local asylum office to ask whether it was received. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
hello Mr. Jason
i don’t understand Trump’s order of asylum so i have one question
could I send my Asylum Application after Trump Order or not?
thank u
You can still apply for asylum. There is no order (yet) that affects asylum cases, and asylum is part of US law and cannot be eliminated by the president issuing an order. Take care, Jason
Hi Jason.
Can I fill form1-589 asylum in handwriting by black ink.what is time of return confermation latter of 1-589 asylum application. Thank you.
It is better to type it, but you can do it by hand. It takes about 3 or 4 weeks to get a receipt once you mail it. Take care, Jason
Hi Jason,
We went for interview on march 2015. They told us our case went to background check march 2016 when we follow up with USCIS. Now after 10 month we are still in background check. Do you know how we can expedite this process or follow up to see what is going on? When we contacted to our asylum office they just told us we are still in background check.
Aside from contacting the asylum office, you can contact the USCIS Ombudsman – a link is at right. There is not much you can do to make the process faster, but sometimes the Ombudsman helps (or at least gives you a better idea of the reason for the delay). Take care, Jason
Hi Jason, thank you for all the information, how do I contact you for a short question before we start the process?
You can email me at Jdzubow@Dzubowlaw.com, but I will not be available until late next week. Take care, Jason
hi , thank you for helping us , i sent my i589 form by united states post office to nebraska service center , they gave me a tracking number , i tracked it found it is delivred called the united state post office , they confirmed that it was delivered on 11\21\2017 but till now i have not received any reciept, so i called the uscis customer service which gave me the phone number of Chicago asylum office , i called this office, the officer told me ” send a letter with a copy of your application first page ,” i sent a letter by fedex was delivred and signed by jan 10 but till now i have not recieve any reply
i don’t know what i have to do?
is my application denied?
they supposed to send my any rejection notice ?
they should send my package back ?
if denied they will deport me ?
could i try again ? or just wait bit longer ?
When you send the application to the wrong address, USCIS will often not send it back and will not inform you. It just disappears. Double check that you send the packet to the correct address, as there are different mailing addresses depending on where you live. Also, make sure that you correctly wrote your address on the I-589 form. You can also follow up with the local asylum office regularly to try to get confirmation from them. If they do not have it, or you sent it to the wrong address, you can resubmit it to the correct address with a letter explaining what happened. Also, I recommend that you file a freedom of information act request, form G-639, available at http://www.uscis.gov. This is free, and it takes several months, but they will send you a copy of your file (if they have it), and this will indicate the filing date and you will also probably find a copy of the receipt and fingerprint appointment letters there. Take care, Jason
I’ve already talked to united states post USPS and they confirmed that my packet was delivered to USCIS office in Nebraska , i wrote the right adress, i sent letter to Chicago asylum office , one week ago
i sent my 589 two months ago , do u think it takes that long some times ? or could be they denied me , they found my case doesn’t deserve ?
one more question , should i download a new 589 form , and if i have no copy of some additional statements ? thanks alot
They would not deny the case without an interview. You may need to send the case again, and do the FOIA (G-639) to get a copy. Maybe talk to a lawyer before you do that. Also, you can contact your local asylum office to ask about it. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I had sent a letter with a copy of first page of my application in Jan 10 but no response
they does not give any information by phone
last time i called chicago , the operator told me that there is one person is working in mails so it may delay,
i talked to USCIS customer service to check is my application received by NEBRASKA service or not? he answered me it is not possible
then chicago office told me either wait or resubmit?
You might try emailing the local asylum office. You can find their email if you follow the link at right called Asylum Office Locator. Otherwise, if you do not get a response, you may want to resubmit with an explanation for why you are submitting the case again. You might also want to hire a lawyer to help you, in order to ensure that the case is filed correctly and to explain that it is a second filing. Take care, Jason
Hi Jason.we filled a i 589 form with family 2 times but its on back 2 times they need one photocopy of each applicnt form i 589.can we file seprate i 589 to each person
You have to review the instructions carefully, as it can be tricky. You may want to use a lawyer to help you. Take care, Jason
Hello jason my i589 form wes send already on January 4 and I made a type write mistake in middle name one spelling word and I send with usps after go home I show that mistake with my another copy then go to usps office again and take my file and earse my father name by fluid and write in with pen .Is that makes proplem with my case
Hello jason my i589 form already send on January 4 but if when I type in part 1 first page I made a type write mistake in my middle name ,and after send it with I will show in my home after houer then I will go back usps office in that time I earse with fluid and write by pen. Is that make a problem with my case,?
Once you get the receipt, you can contact the local asylum office and ask if there is any way to correct the problem. It would be better to correct it now, as it will cause your name to be wrong on other documents later on. You can find the asylum office contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I already correct my middle name by pen before send my file and am so worried in that time now I got my receipt and it’s correct and also I take finger print all are correct ,I think it is good
Jason please tell some thing
And appreciate your response
It sounds like everything is fine. But are you asking a question?
Hi Jason, thank you for taking your time helping people. I applied asylum with my fiance on separate forms, but we sent in the same box. I am not included as dependent in his form, as we are not married yet. A few days later he got the receipt under his name and fingerprint appointment under his name. I do not get a receipt nor the fingerprint notice eventhough our mailing address is the same. Based on your experience, is this normal? Thank you.
The fact that you mailed them in the same box may have caused confusion (maybe his was on top and they did not see yours). When I send cases like this, I include a cover sheet explaining that there is more than one case and I use binder clips to separate the case. You may want to contact the local asylum office to see whether your case was received. You can find their contact info if you follow the link at right called Asylum Office Locator. If they cannot help and you do not receive a response in another few weeks, I think you should re-file. In the new filing, explain what happened. Also, if you are worried about the one-year bar, your fiancé can file a freedom of information act request (form G-639, available at http://www.uscis.gov) and get a copy of his entire file (which might include your application). This is free, so he/you might as well do it. Take care, Jason
Thank you for your kind reply Jason. Actually I had mine on the top, total of 3 copies and there is a separate binder, separate cover sheet indicating I am a different person as well. And his is at the bottom. Both our cases are linked together and he mentioned me and I mentioned him in our storyline. On the delivery box itself it is both our names. My case is thicker than his and we are of different countries, therefore our visa validity is different. Mine lasts longer, his is expiring this month. In your experience, could this be the reason he receives his sooner? Thank you again.
Maybe that could be the reason, but I do not know. Try contacting the local asylum office and see what they advise. If you are worried about TEH one-year filing deadline, you may want to re-file the case, just to be safe, but this can create its own issues, so you should explain why you are filing a second time and you should definitely do the FOIA request (form G-639, available at http://www.uscis.gov) for the original filing. Take care, Jason
Hello Jason
I would like to ask you a question, I am filling out my i589 form but it says that it expires on 12/31/2016, but I have to download it from the USCIS page and it is still overdue.
I think that is the most recent version. If you go to the http://www.USCIS.gov website and use the form I-589 on that website, you should be fine. Take care, Jason
Hello JASON,
Thank you for all the work you do. God bless you.
I have two preoccupations. If you can help me this will be very appreciated
– I sent my asylum application on 09 December 2016
By overnight mail, USPS notified me that the parcel was received on December 12th. I have a tracking number and receipt.
But until then I have not yet received confirmation.
Is this normal?
– I am from a French speaking country, on my birth certificate, my first name contains the letter “é”, but in capital letters it is written “E”, so on the application I wrote my name in lowercase with The letter “é”
is it a problem?
Can this be a reason for rejection? If the application is rejected how long does it take for me to know?
I’ll do a year on January 13, and I do not know what to do.
Do I have to wait?
Or return another application before the deadline.
I’m in Houston, I sent the application to this address:
Houston Asylum Office
PO Box 670626
Houston, TX 77267
Thank you
I expect the holidays slowed things down. If it was received, you should be fine. I am not sure what else you can do. I suppose you could send another application if you hear nothing by Jan 11 or so, but you should explain in the application that you already filed once and are filing again because they did not respond. I doubt there will be a problem with the “e”, but you can mention it to the officer at your interview. I am not sure about the address (and you need to be sure you sent it to the right address). You can find the filing address on the website for your local asylum office. You can find this info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you!
I double check the mailing adress and its the right one. I hope i can here something before de 11th. But in the case that I would heve to send it again, can I just send 3 copies of only the form instead to send all the case because its kind of 200 pages with all evidences and country situation I add. And then after that send the rest of the files? Thanks a lot
You need send only the form and a copy of your passport. Other documents can be submitted later. I recommend you talk to a lawyer before you re-send, and show him/her what you did, just to be on the safe side. Take care, Jason
Thanks!
You’re right, after triple check in send it to the wrong address! I sent it to the office instead of Texas USCIS center. I’ll send to the good address tommorow.
Thank you
When you mail it again, make sure you tell them in a cover letter what happened. It is very possible that they will return the documents you filed at the wrong office, but it is also possible that they will disappear. If you do not receive them in a month or so, I recommend you file a Freedom of Information Act request with the office where you accidentally sent the application (form G-639, available at http://www.uscis.gov). This is free and they will send you a copy of the documents you filed. It is good to have it, and it also provides proof about the filing date, should that ever be an issue later. Take care, Jason
Hi Jason,
Happy New Year.
My asylum case has been referred by Asylum office to IJ, I’ve done Preliminary hearing and scheduled for the merit hearing after one year, can I apply for TPS while I’m in this status, and how that will affect my Asylum case.
Second question is : I’m planning to travel to see my family in another country, am I eligible to get AP while waiting for my asylum case court hearing , will my chances be better if have TPS ?
You cannot get AP while you have a court case against you. If your case is closed and you have TPS, I think you can get AP, but it may depend on how the case is closed. You should talk to a lawyer about that. You can apply for TPS while you have a court case pending, assuming you are eligible and the application period is open. If you get it, some judges will Administratively Close your case until the TPS is finished (meaning they put it on hold until someone – you or the government lawyer – puts it back on the Judge’s calendar). Maybe other judges would terminate the case, meaning it is finished and the US is no longer trying to deport you. Other judges will allow you to continue your asylum case while you have TPS. I recommend you talk to a lawyer who can help with the specifics of this. Take care, Jason
I came to the US in june 2014 , applied for a change of status from B1 TO F1 before my I 94 expired,
it was denied in Dec 2015 because my status was expiring 30 days before start of classes.
I filed a motion to reopen which was approved but the case was denied in May 2016
I filed for Asylum in August 2016
My previous application for change of status was reopened in sept 2016 (Service motion ) I received a letter of intent to deny , unless I submit a fresh I 20 ,
I need your opinion about how to proceed , should I submit a fresh I 20 while my Asylum is pending ? or withdraw my Asylum ? or if there is anything else that you would suggest .
I strongly suggest you talk to a lawyer about the specifics of the case. My inclination is for you to try to get back into F-1 status, as you currently may face a problem with the one-year asylum filing deadline (a person is not eligible for asylum unless he files within one year or meets an exception to that rule). If you can get back into status, it should solve this issue, but there are many things I do not know about the case, and so you would be well served by talking to a lawyer to get some guidance. Take care, Jason
Dear brother Jason
How are you. Let me have a real quick question?
I applied for an asylum from new York city. Notice date November 7 2016.
Being a Christian religious community based in Pakistan.. what are the hope to win my case. 2. I Created my account on USCIS website and tyring to enter the receipt number but it continously said invalid recipt number. I entered the correct no which is mentioned on the letter.
I should be obliged for your quick answers.
Blessings
You cannot track an asylum case on-line. If you have the receipt, it means the case is pending and you are fine. You must wait 150 days after the case was filed and then you can apply for your work permit. Take care, Jason
Hi Jason,
Merry Christmas!
I am filling i-589, when i open it the next day for edition and fill up, the pdf form do not open for me. What is wrong? what should I do?
Thank you so much.
It should work – maybe you need an updated Adobe Acrobat on your computer. In the worst case, you can print the blank form and complete it (neatly) by hand, but if you can type it, that is better. Take care, Jason
Hi Jason! I sent my i 589, but wrote a wrong adress. I sent it 4 days ago. Is there anything i can do now?
It may get returned to you, or it may disappear. If you are not worried about the one-year-filing deadline, you might want to wait a few weeks to see whether you get it back. Otherwise, maybe send a new copy to the correct address with an explanation of what happened. Take care, Jason
what if I fill AR-11 form? is there a chance that they will accept my case? or they will send the mail to the nearest USPS?
You cannot fill the AR-11 until after the case is filed and you have the receipt, so I think that will not work if you mailed the case to the wrong address. Take care, Jason
No, I did not mail it to the wrong address, but I wrote MY address wrong, on the I 589, the 1st page. Sorry, for taking your time, I am just very desperate right now..
If you re-send it and explain that in the cover letter, it may work. Also, you can contact the local asylum office, as they may have received the case even though the receipt did not get to you. Finally (and this takes longer), you can do a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of the papers you originally filed, which will provide you proof of the original filing date. Take care, Jason
HI Jason,
I filed my I-589 application and also received the receipt and did my fingerprint and everything after the 150 days period I applied for my EAD I-765 on September 12 2016 and received a notice of denial on the November 18th where it stated that they do not have any evidence of me filing the I-589 application, I called the USCIS again the very next day and provided them with the receipt number as evidence that the USCIS has received my application, now today I received an email from them stating that their record indicates that I-589 file has not been approved and the applicant will have to ask the judge. and the denial for EAD still stand
does that means my asylum case is still pending or under process or its been denied, how can I get my EAD after this or what measures I can take to go about it. Your insight is needed, if you could kind let me know how to go about it. I’m worried now.
Thanks patiently waiting for your response.
I recommend you contact your local asylum office to ask the status of your asylum case. You can find their contact info if you follow the link at right called Asylum Office Locator. I do not know why the case should have been denied, but maybe the asylum office can give you more info. Did you include evidence with the I-765 that you filed for asylum and that it is pending? Take care, Jason
My wife made application for political asylum the early of 2016, then met me and married to me last month. we want to apply for green card for my wife by marriage to a us citizen. how can we change the immigration status for my wife?
If your wife entered the US with a visa and has no immigration or criminal issues, she should be eligible to do that. Look at the forms I-130 and I-485 (available at http://www.uscis.gov) to get started (or use a lawyer). Normally, I recommend that a person wait until she has the green card before canceling the asylum case. By the way, USCIS fees will increase on December 23, so if you can file the case before then, you will save some money. Take care, Jason
Hi, Jason!! My sibling participated in a political organization and i didn’t mention it in my application. will it become a reason for asylum denial? and want can i do to prevent it?
Before the interview, you can submit additional information and evidence. You can submit evidence about that, and maybe a modified affidavit. Also, at the beginning of the interview, the officer will review the form with you. You can mention the organization at this time as well (but if it is important to your case, it is better to submit evidence before the interview – each office has a different rule about this; for example, in Virginia, we have to submit evidence at least one week before the interview). Take care, Jason
he has nothing to do with my case, he just used to participate in different organizations. but is it important to mention his participations? and if it is, the problem is that i don’t know in which organizations he exactly participated
It is normally best just to explain what you know, so you if you know he was involved in organizations, but you do not know the names, you can say that. Or better yet, find out what organizations he belonged to, if you can. Take care, Jason
explain at interview or send corrected i 589? and also i have question about Part C, 2.B. . should i write if for example my traveled to other countries? he had business trips but i don’t think he wanted to ask asylum
You can send the corrected I-589, or send an explanation for the error, prior to the interview. I do not understand the second part of your question. In general, it is better to give them more info than less, so they do not think you are trying to hide anything. Take care, Jason
Hello, Jason! Is it possible that my application would be returned if i didn’t write my parents city of birth (because i didn’t know it)?
In that case, it is better to write “unknown”. It might be returned for this reason, as they sometimes return cases for very small reasons. Probably, it will go through, but you will have to see. If it is returned, you can correct the problem and re-send it. Take care, Jason
Hello Jason,
I have a question regarding of my form I-589. I have received my I-589 form back in 2014 from Los Angles Asylum office, but it’s only one page, recently an attorney online told me the form should be more than one page! Any thoughts?
I appreciate your help!
I do not know what you mean when you say the I-589 was sent back. Why was it sent back? Maybe you should contact the LA office to ask them what is going on. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason, is it true? “Two-Copy” Rule No Longer Applies When Sending I-589 Application”
http://www.nolo.com/legal-update/two-copy-rule-no-longer-applies-when-sending-i-589-application-asylum-one-copy-enough.html
We send the original + one copy. Take care, Jason
Hello Jason, very happy to find out this blog, I received my I-589 application package back 2 times since I first applied and sent 3
rd time because of my bad, if the last one will be back my 1 year might be gone. But i have copies of returned applications with their received dates stamped. What will happen if my 1 year will pass in that case.
Also my relative never received any notice from asylum office for 7 months since her application and at the local office they gave her A number. Is it possible for her to apply for AED with her A number?
Thank you very much
If you have proof of the rejected application, you will be ok even if you miss the one year deadline, as long as you re-send it quickly and it is ultimately accepted. My advice is that if it is rejected again, you should see a lawyer, as you need it to be submitted and accepted. As for your relative, she should go to the local office to see whether they can give her proof that the case is filed. If not, she can file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of her file (this probably take 4 to 6 months, but it is free). She can try to apply for the EAD without any proof, just the A number, but that may not work. For that reason, she should try to get a copy of her filed application, so she has proof if the EAD application is rejected. Take care, Jason
Hi Jason I have one question. I have come to US with F-1 visa with swapped names of surname and given name. The name conventions of my country and US are different. I filled my I589 asylum form with my correct name and I have mentioned my swapped name which is in fact in my I 94 record under section what other names have you used for. Can I say I am cleared of any blame on the delay of my cases if any?
It sounds like you did it correctly, so hopefully, the name check will go smoothly. However, even having done that, it is still possible to experience delays for the background check, but at least it is one problem out of the way. Take care, Jason
Thanks a lot for your reply.
So does the delay in the background check(if in case it happens) affect my EAD. I am with pending asylum preparing to apply for work permit recently.So can my EAD be late on account of this?
It should not affect the EAD. Take care, Jason
dear Jason
I have filed in my asylum application through a lawyer and received a receipt on 11/8/2016. however my Lawyer didn’t file the detailed case
affidavit for asylum and i don’t know when and how to file my declaration. I used to be a medical doctor back in the home country, am currently studying to take the relicensing exams here and that got me busy for writing my declaration, within how many days, weeks, or months should i prepare and send my declaration?
In my local office (Virginia), you have to submit the evidence and declaration at least one week before your interview. The rules may be different asylum offices. But since the process is so slow, you have plenty of time to submit the declaration and evidence. However, if you try to expedite your case, you need to make sure everything is submitted at the time you make the expedite request. Take care, Jason
thank you again for the reply.
on a last note. after filing the i589 I was expecting to receive the receipt through my address however the receipt I got is from my lawyers office addressed to his address. I still haven’t received in a receipt addressed to my address and its been more around 2 weeks now. is there any way I can ask them to send to my address? and does USCIS send a receipt to both the lawyer and the applicant?
USCIS should send it to you and to the lawyer. Make sure you get a fingerprint appointment, which should arrive within 2 weeks of the receipt. Maybe double check the I-589 form and the G-28 form to make sure your address is correct. If nothing else works, talk to the local asylum office about the problem and see whether they can help. You can find contact info for the asylum office if you follow the link at right called Asylum Office Locator. Take care, Jason
hi i came from carribean to seek asylum in canada to be with my partner and was refused entry by the border officer. am wondering if i make a claim in the us will they help me to get the asylum done in canada because thats where my partner resides.
The US would not help with that. You should contact a lawyer in Canada for help. Maybe there is a way your partner could bring you to Canada. Take care, Jason
Dear Jason,
Hello, I got a question. I am going to apply for asylum, but I need to finish writing my declaration and receive some documents. Can I send i 589 first and couple weeks later send the declaration and the other documents? And if yes, how do I do it?
You can send the declaration and supporting evidence later – we always do that. The supporting document and declaration should be submitted directly to the local office after your cased is filed and you have the receipt. Take care, Jason
Thank you for such a quick answer! So I just send them to the same address without any paper explaining why I send the declaration and i589 separately?
May be when I send i 589 I should let them know that I will send my declaration and the other documents later?
You can let them know that you will send the declaration and evidence later, but you do not send it to the same address. Send it to the local asylum office. You have to wait until you get your receipt (with your Alien number) to do that. You can find the address of the local office if you follow the link at right called Asylum Office Locator. Take care, Jason
toda raba, Jason!
Bivaka shah!
Hi Jason my husband send the form I589 they have resend it back saying it’s incomplete we have write our story on a paper and they said we must add sumplementary B so we not quite sure is the any lawyer that you know that can help us around connecticut to correct the mistake and check the form we don’t have funds to to give a lawyer to file for us.
I did a posting on September 22, 2016 discussing free lawyer – maybe check that. Also, when they rejected it, they should have explained how to fix it. Maybe if you look at that closely, maybe you can figure it out. I do recommend that you act quickly, as you do not want to have a problem with the one-year filing deadline and you want to start the “clock” for your work permit. Take care, Jason
I send asylum case with my family
And they received in October/7/2016 an they send me a notice for receiving my case but I don’t receive any fingerprints appointments it’s almost one month since I received the notice
If you do not hear anything after another two or three weeks, contact the local asylum office to ask them – you can find their contact info if you follow the link at right called Asylum Office Locator. As for the TPS, I do not do many such cases. I recommend you contact USCIS (their phone number and appointment info is available at http://www.sucks.gov). Also, contact the USCIS Ombudsman – a link is at right – and inquire about your case. Good luck, Jason
Hi jason
I apply for TPS in October/22/2015
And since that day my case is still pending
I do my fingerprints after 5 months and until now I don’t receive EAD or approval Only they ask more evidence and I already send it to them in July/2016 and till now nothing happen
But my wife with me in same case with my two children
My wife do her fingerprints in June/2016 and she received her EAD in augest/2016 but she doesn’t receive approval for tge TPS and they also ask her more evidence for TPS after she received her EAD
What i can do ??
I am waiting more than one year with nothing
Hi. I sent my i-589 application and all documents 1 month ago. And I still wait reply. They didnt call me for the fingerprint. So, I dont have any receipt number or something like this thing for checking procedure. What can I do right now ? Thank you
Make sure you sent it to the correct address. If you don’t have a receipt or fingerprint notice in a few weeks, you may want to file the case again. If that happens, you should explain that you filed it before, and that you are re-filing since you never got a receipt. When you mail the case, send it by certified mail and keep a copy of what you send. Also, you can email the local Asylum Office and ask whether they have any record of receiving your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason.i applied for asylum last week with my 5 year old special need son in Philadelphia.
We were adviced to apply seperate applications.my questions are
Is my son likely to get an earlier interview date as a minor?
Are there ways to expedite his application if not?
If he is granted asylum hopefully, how does it affect or expedite mine?
Thanks
If your son were “unaccompanied,” his case would be expedited automatically, but since he is with you, I am not sure whether he will get an expedited date or not. If not, you can ask the Asylum Office to expedite his case (and yours) by contacting them and requesting expedition. You can find contact info for the Asylum Office if you follow the link at right called Asylum Office Locator. You must wait until you have the receipt before you ask to expedite. Take care, Jason
I love it! Excellent article. Thanks for the info, you made it easy to understand. BTW, if anyone needs to fill out a USCIS G-639, I found a blank fillable form here
https://goo.gl/UwkYVx.You can also use the form at http://www.uscis.gov. Take care, Jason
Hi Jason
Based on your experience, do you think its important after a case been referred to the court to get FOIR (USCIS Freedom of Information Act and Privacy Act) because as I heard its has the officer notes and why he/she think you are not illegible for Asylum, and how to file the request for the FOIR, with many thanks.
There have been battles about whether the officer notes are included in the FOIA. I think you are supposed to get the notes now, but actually, I am not sure, and I do not recall receiving the notes in any recent FOIAs we did. We do not always file the FOIA, as it sometimes seems unnecessary (if we know what happened at the asylum office for example), but it certainly will not hurt, especially if you think there is information in the file that will help (or hurt) the court case. Whether you will actually get all the officer notes, I am not sure. Take care, Jason
Thanks for your answer Jason, please could you advice me how I could request for it, with many thanks
One way to do a FOIA is to file the form G-639, available at http://www.uscis.gov. If your case is in court, you can also contact the government attorney and maybe they can help you – Try the link at right called DHS Office of the Chief Counsel. Take care, Jason
Hi Jason, what should you do if you realize while your application is pending that you should have listed another name? Do you have to wait until your interview to correct it?
You can submit supplemental evidence to the Asylum Office about the other name. However, I doubt they will do a background check on that name. Realistically, I do not know that there is anything that will work, but maybe submit the name and contact them to inform them what happened. Maybe they can help. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear.
My i-589 decision is with held and pending for fingerprints. My lawyer sent the request to uscis office 4 times in written but did not receive any response. Next hearing is just after one month from now. what can i do now? And why not the uscis office is responding? Please answer.
If your case is in court, maybe the lawyer should try contacting the DHS attorney (the prosecutor). Maybe that person can help. If your case is at the asylum office and you are having this trouble, I suggest you go in person to the asylum office to ask, or when you go to your interview, ask at that time. Take care, Jason
Thanks for your advice. My case is in court. my next hearing is at 18 oct. Would the judge give me final decision without fingerprints? As he said that he had made a decision and withold it for fingerprints.
I do not know. If you do not have a lawyer, you may want to contact the DHS Office of the Chief Counsel (a link is at right) – these are the prosecutor in the case, and maybe they can help you with fingerprints.
Hello Jason,
Can tell me on which date I should send renewal application of my asylum based EAD which expires on 20th of next July.or when should the application be received as earlier as possible by the USCIS and not be denied.Does the 120 days period (before the expiry date) include the last day of validity?
I would just count 120 days before July 20 and send it then. Maybe send it 115 days before instead, if you have any worry that USCIS might reject it for having it sent too early. Take care, Jason
Hi Jason,
I’ve been reading your comments for a year now and i do appreciate your efforts to help people. One question i want to ask. Does the length of staying in US ( more then 10 years ) barre a person to obtain an asylum even if he/She “comes out” as a gay or Lesbian? For example after staying in US without status after 15 years and “come out” as Lasbian, can she gets barre for asylum?
Thank you!
A person must file for asylum within one year of arrival or meet an exception to that rule. The two exceptions are “changed circumstances” or “extraordinary circumstances.” Coming out as a lesbian may qualify for one or both of these exceptions, but this can be a tricky issue. It is very important to meet one of the exceptions, otherwise, you cannot get asylum (you can still get some other forms of protection, but they are not as good). I recommend you talk to a lawyer who can help you meet one of the exceptions and hopefully win asylum. Take care, Jason
Thank you!
I applies for asylum from New York (my family still lives there). Now I am going to school in Minnesota. I have received the From I-797C, Notice of Action, to appear for biometrics collection in Syracuse, NY where I used to live. Can I take my notice letter at the ACS office in Saint Paul, MN to have my biometrics info collected there without having to go through the hard/impossible process of contacting the USCIS to reschedule?
Thank you for your time.
You can probably get your fingerprints done in MN – normally, we have seen that USCIS accepts the appointment letter anywhere. However, at the interview, you may need to explain why you state that you are living in NY, but you are getting the fingerprints done in MN. Given that your family is still in NY, and that you are a student, that should not be a problem. Take care, Jason
Hi Jason,
Me a my family applied for asylum in Oct 2015, i have 2 sons and wife.
My younger son was 17 years old when we applied for asylum and we apply together and I am prime applicant our application is on pending I read USCIS page my younger son(18) years can apply for Child Status Protection Act(CSPA) during our asylum application is pending? Please provide me some information.
Thanks.
He does not need to apply for the CSPA – if he is your dependent at the time the case is filed, and if he is under 21, he can benefit from the case even if he become an adult (turns 21) before the case is finished. Take care, Jason
Thank you Jason for your response, could you explain little bit about is he count as child applicant and prioritizes base applicant?
If he belongs that category.
I look forward your response.
Thanks again.
If he is part of your case, he is not the main applicant, he is a dependent, and it will not make any difference in helping your case go faster. You will be in the same queue as most asylum seekers; meaning, you will wait for many months before the interview.
Interesting article, some details are so important, thanks for explaining.
Hi Jason,
I got two EAD’s through my Pending Asylum Case and my Pending TPS (they transfer it to another office)
Should I renew them both or just that my social security related to.
Personally I prefer the one with TPS 18 months, less cost!
Please Advise!
You only need one EAD, so you might as well renew the one that is less expensive. Take care, Jason
HI Jason
I have question regarding my ead renewal application It ishas been pending since may 3rd until now ( more than 120 days), I tried everything, service request, contact 2 senator and my congress representative, expedite request and still pending, the only answer I got was from the senator office that my case is under background security checking,please could you tell me what other action should I take in order to get my card with many thanks
We have not had much luck expediting EADs, and it sounds like you are doing what you can. If you have not gone in person through an Info Pass appointment, maybe try that – you can make an appointment at http://www.uscis.gov. Otherwise, a mandamus lawsuit, but that will likely be expensive. Good luck, Jason
Thanks for your response Jason,but how much ( as an average) mandamus lawsuit cost, and I heard people using the mandamus but not for EAD and I do not know if you ever use it before or hear someone use for EAD application, and when you hire a lawyer for this case, should this lawyer be in your state or any lawyer could do it even if its not in the same state where you live?
I have not done a mandamus suit before, so I cannot give you much insight about these questions. Such a lawsuit will probably cost at least $1500, but maybe some lawyers will be less (and some will be much more). If you can find a lawyer who does such cases, you will have to ask him or her about the likelihood that it will help. Take care, Jason
Thank you Jason, I hope they will find a solution for this problem soon, because with all the delay in the system. how they expect people will survive without source of income, unless they are doing this on purpose to intimidate asylum seeker to make them leave ( in there country they will die with a bullet, here they will die starving) and a bullet is less suffering.
Hi Jason.
Does TPS considered a status? I mean if I got sponsored for H1, do I need to leave US and reenter or change of status will work. (note that I entered first time to US on work visa)
Thanks a lot
I think it depends on what status you had before you got TPS, but really, I am not sure. You need to talk to a lawyer who does TPS before you start on the H1 process, to be sure you will be able to get the H1 visa before you start spending money on changing your status. Take care, Jason
Hi Jason, I sent my I589 on august 3, and USPS says it was received on august 4. I am still waiting for the notice of receipt. Do you know about any delay in these receipts?
I do not. If you do not have it by this week, the first step is to make sure you sent it to the correct address – check the form I-589 instructions. If so, contact the local asylum office and ask them (you can find contact info if you follow the link at right called Asylum Office Locator). You can also do a Freedom of Information Act request (form G-639, available at http://www.uscis.gov). And you may need to re-file, but if it comes to that, it would probably be wise to talk to a lawyer before you re-file. Good luck, Jason
Dear Jason,
In the asylum interview in asylum office, what are the tools one can use? Like can I use video clippings as supportive material to demonstrate conditions back there? Can I use any digital media or do I have to take printed photographs and printed matter? Any other tips if you can offer?
Regards:
Amit
Typically, they will not look at video clips or digital media (though I suppose individual officers can do as they like). It is much better to give written articles. Maybe I should write a blog post about interviews, as there is a lot to say on that point. I do recommend you talk to a lawyer before the interview, in order to identify and prepare for any problems in your case that need to be discussed. Take care, Jason