Asylum Application (Form I-589)

Download the official form

USCIS publishes Form I-589 as a free PDF. Always download the current version directly from USCIS — third-party copies may be outdated.

What is it for?

Apply for asylum in the US based on persecution (or well-founded fear of persecution) in your home country due to race, religion, nationality, political opinion, or membership in a particular social group.

Who needs it?

People physically present in the US (any immigration status) who fear persecution if returning to their home country.

Processing time

Typical range: Extremely variable — it depends on whether the case is with a USCIS asylum office or an immigration court; check USCIS Processing Times and your case status. The EAD (work authorization) runs on its own clock, separate from the case decision: it can be applied for at day 150 after filing the I-589, and USCIS cannot issue it for another 30 days, for a total of 180 days from filing.

⚠️ Verify current time: USCIS Processing Times · Your case status

Fee

$100 filing fee — required under H.R.1 (One Big Beautiful Bill Act, Public Law 119-21) for applications postmarked on or after July 22, 2025 (FR 2025-13738); DHS wrote it into its regulations by an interim final rule effective May 29, 2026 (FR 2026-08333). Plus a $105/year Annual Asylum Fee (AAF) — the FY2027 amount, from October 16, 2026 ($100 base, inflation-adjusted annually) — for every year the application remains pending. Neither fee is waivable per statute (8 U.S.C. 1802 and 1808). Applications submitted without the filing fee will be rejected.

In immigration court (defensive asylum): EOIR’s notice of September 29, 2026 (FR 2026-19841) sets the Annual Asylum Fee paid to EOIR at $105 for filings with the immigration courts or the Board of Immigration Appeals on or after October 1, 2026 ($102 through September 30, 2026); the $100 initial filing fee is unchanged there. That notice covers EOIR filings only; the USCIS side moved separately: DHS’s FY2027 notice (FR 2026-20187, published October 1, 2026) raised the USCIS Annual Asylum Fee from $102 to $105 for filings postmarked on or after October 16, 2026.

Before July 22, 2025, the I-589 was free. See: Federal Register 2026-08333.

How to file

By mail to USCIS Service Center assigned to your jurisdiction. If in removal proceedings, file with immigration court (defensive asylum).

Required documents

  • Completed Form I-589 (in English — most info should be translated if in another language)
  • Detailed personal statement (NARRATIVE) explaining your fear of persecution
  • Identity documents (passport, birth certificate)
  • Evidence of persecution: police, medical reports, photos, witness statements
  • Country documents (Human Rights Watch reports, Amnesty International, State Department, etc.)
  • If applying for spouse/children too: apostilled family relationship documents

Frequently asked questions

When should I file I-589?

Within 1 year of arrival in US. If filing after 1 year, must show changed circumstances that materially affect eligibility (such as changed country conditions) OR extraordinary circumstances related to the delay, and file within a reasonable period (8 CFR 208.4(a)). Don’t wait for all documents — file I-589 on time and supplement later.

When can I work legally?

180 days after filing the I-589 (not after approval). USCIS states it directly: “you may file Form I-765 150 days after you file your asylum application. You are not eligible to receive an EAD until your asylum application has been pending for at least another 30 days, for a total of 180 days.” Request the (c)(8) EAD category (Form I-765) once you reach day 150. Days of delay you request or cause do not count toward the clock. You cannot work before having the physical EAD.

Do I need an asylum attorney?

Critically recommended. Asylum is one of the most complex and formally adversarial processes. Approval rates change DRAMATICALLY with legal representation vs pro se. Free or low-cost help: EOIR’s list of pro bono legal service providers, and CLINIC’s network of nonprofit programs, which offers affordable immigration legal services.

Affirmative vs defensive asylum?

Affirmative: you file I-589 with USCIS before being in removal proceedings. Interview with asylum officer — though since July 28, 2026, USCIS can refer a case to immigration court without an interview, based on the record (interim final rule, FR doc. 2026-15190). If denied or referred, the case goes to court. Defensive: already in removal proceedings (NTA), file I-589 with immigration judge as defense against removal.

If asylum is denied, what happens?

If affirmative: referred to immigration court (defensive) — since July 28, 2026 this referral can happen without an asylum-office interview. If defensive (in court) and judge denies: can appeal to Board of Immigration Appeals (BIA), then federal court.

Last verified: 2026-09-24. General information — not legal advice. Always verify at USCIS.gov.

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General information on litigation, not legal advice. Checked: 2026-10-23.

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