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Stage 2: Filing Your Paperwork

Preparing & Submitting Your Asylum Application

If you are unsure about your eligibility, we highly recommend that you speak with a licensed attorney or accredited representative. This is even more important if you have not received an NTA, are not in removal proceedings and are not known to ICE. In these cases, there is a chance that applying for a form of legal status could result in your getting placed into removal proceedings.

How do I fill out my asylum application?

The asylum application, otherwise known as an I-589, is a twelve-page document that you must fill out with different kinds of personal information. The bulk of your application will be about your personal experiences and what led you to leave your country to seek protection in the United States. The information you provide must be truthful and correct. The form must be completed in English.

 

For an example of a blank I-589, check out USCIS’ PDF.

 

Because your asylum application is such an important document, there are many resources available to help you fill it out. You can check out this video and the accompanying presentation, titled "Supporting Asylum Seekers in Completing their I-589 Application."

How do I submit my asylum application?

Once you’ve completed your asylum application, you must then submit it. How you submit your asylum application depends on whether you are applying affirmatively or defensively:

 

Affirmative Asylum Application

 

Applying for asylum affirmatively means that, when you came into the United States, you did not receive a Notice to Appear. This can be because

  • you entered through an authorized port of entry with a visa and were lawfully admitted to the United States, or

  •  the Notice to Appear you received was not given by DHS to the EOIR immigration court (see below). If when you crossed the border into the United States, you did not encounter a border patrol officer or another government official, then it is likely you do not have an NTA. 

 

You can submit an affirmative asylum application online via the USCIS website. This will require a USCIS online account. It may not be a good idea to file online if you do not know how to navigate the internet or have stable access to a computer. You can also submit a paper copy to USCIS. Please refer to the USCIS website for the most updated guidance on how to file an affirmative asylum application.

 

On Missing NTAs: Please note that there are many people who received an NTA at the border but whose cases cannot be found in the automated EOIR portal. This means In these cases, what has typically happened is that DHS (CBP or ICE), whose officers you encountered when you crossed the border, has a file for you but has not sent it to the immigration court listed in your NTA. If this is the case, submit a paper copy of your asylum application to the current address for affirmative asylum applications.

 

Defensive Asylum Application

 

Applying for asylum defensively means that, when you came into the United States, you did receive a Notice to Appear, your file was sent to the EOIR immigration court, and information about your immigration court case  can be found on the automated EOIR portal

 

Submitting a defensive asylum application requires several different steps. You must… 

  • submit your completed asylum application, along with a certificate of service, directly to your immigration court, 

  • mail a completed copy to the ICE office in charge of your case (refer to this link to find the right OPLA address for your case), and 

  • keep a completed copy for your records.  

 

The copy that is submitted to your immigration court will start the “asylum clock” for your work authorization and the pages that are sent to Nebraska are a request for USCIS to schedule you for a biometrics appointment. When you submit your I-589 to the immigration court, bring your copy of the I-589 with you to get it stamped by the court clerk with the date when you are filing it This is very important because it  will be your proof that you filed for asylum before your one year filing deadline and proof that your “asylum clock” started that day. You will need to submit a copy of the stamped pages in order to apply for your work authorization.

What happens after I submit my asylum application?

After you submit your application, there are two steps that you can take. 

 

The first is to make sure that your asylum clock has been properly started. Please see RIF Asylum Support’s guide on how to consult your asylum clock.

 

The second is to complete your biometrics appointment. Typically, after you have submitted your asylum application to ICE and the immigration court, you will receive two notices from USCIS anywhere between around  one to three months (or more) later. One will be a receipt that your asylum application has been received. The other will be a notice that you have been scheduled for a biometrics appointment. 

 

The Asylum Seeker Advocacy Project has examples of what these documents look like:

 

Once you have completed these two steps, the next part of your immigration process involves applying for work authorization and gathering evidence for your asylum claim. If your case is in immigration court, try to find an immigration lawyer to help you prepare the evidence and to represent you at the individual hearing. Please refer to our contact page for organizations that might be able to represent you pro bono.

How do I apply for TPS?

For an overview of how to fill out your TPS application, please refer to this training. TPS is a designation that applies to citizens of certain countries who have arrived within specific time periods and meet other eligibility requirements. You can check your eligibility for TPS on this page of the USCIS website prior to filling out your application. Here is a link to the TPS form (I-821).

What do I do if I do not get my biometrics appointment?

Defensive Asylum Applications

 

If you have followed the process for submitting your asylum application correctly, and you have not received a biometrics appointment within two to three months, you may want to call your local Asylum Office. You can locate your nearest center on this page.

 

Another option would be to call the USCIS Contact Center at 800-375-5283 and ask them for the address of the nearest biometrics processing center. You can then write a letter to that center explaining that you never received your initial application and requesting a new biometrics appointment.

 

Affirmative Asylum Applications


If your asylum application was affirmative and you never received your biometrics appointment, you can reach out to USCIS customer service at 800-375-5283 or log into your USCIS account and reschedule your biometrics appointment online.

Stage 2 Questions

Stage 2: Filing Your Paperwork

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Figuring Out Your Eligibility

  • What are my options?

  • What is asylum?

  • What is TPS?

  • What is SIJS?

  • Can I apply for both TPS and asylum?

  • Can I apply for both SIJS and asylum?

  • What is the difference between filing one asylum application as a family versus one application per family member?

  • What does it mean if I was admitted on humanitarian parole or via CBPOne?

  • Do I have to pay to submit immigration paperwork?

 

Preparing & Submitting Your Asylum Application

  • How do I fill out my asylum application?

  • How do I submit my asylum application?

  • What happens after I submit my asylum application?

  • How do I apply for TPS?

  • What do I do if I do not get my biometrics appointment?

Applying for Work Authorization

  • When can I apply for work authorization?

  • What are the steps for filing my work authorization?

  • What happens after I submit work authorization?

  • What do I do if my asylum clock stops?

  • How do I know how many days have passed on my asylum clock? 

  • Why was my work authorization application denied or rejected? â€‹â€‹â€‹â€‹â€‹â€‹â€‹â€‹â€‹â€‹

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