i589 form for asylum, explained

Form I-589 is the official document used to apply for asylum in the United States. It is designed for individuals who fear persecution—whether due to race, religion, nationality, political opinion, or membership in a particular social group—if they return to their home country.

Form I-589 serves as the official application for asylum in the United States. This protection is available to individuals who have fled their home countries because of persecution—or a well-founded fear of persecution—due to their:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

If granted, asylum provides permanent protection in the U.S., including the opportunity to apply for lawful permanent residency (a green card). The experienced immigration attorneys at Keller Law Group can guide you through the entire process, from completing your Form I-589 to preparing a strong case for approval.

For individuals fleeing persecution, obtaining asylum in the United States offers critical protections and opportunities:

• Permanent Protection: Live and work in the U.S. indefinitely, free from fear of persecution in your home country.
• Employment Authorization: Work legally in the U.S. upon approval of your asylum case (or earlier by applying for a work permit while your case is pending).
• Family Reunification: Petition to bring your spouse and unmarried children under 21 to the U.S. through derivative asylum status.
• Path to Permanent Residency: Apply for a green card (lawful permanent residence) after one year in asylum status.
• Access to Social Services: Eligibility for certain government benefits, including healthcare and social services.

With hundreds of thousands of asylum applications filed annually, securing legal representation can significantly strengthen your case. The experienced attorneys at Keller Law Group specialize in guiding applicants through every step—from initial filing to appeals—ensuring the strongest possible claim.

Asylum is a protection granted to individuals who are already present in the United States and who have a well-founded fear of persecution if they return to their country of origin.

The great news? Once your Form I-589 is approved, you're granted permanent legal status—meaning you can remain in the U.S. indefinitely.

You may qualify for asylum under Form I-589 if the following conditions apply:

• You have a legitimate fear of persecution in your home country,
• You are currently physically present in the United States,
• You arrived in the U.S. within the past year (exceptions may apply in certain circumstances),
• You do not have a safe alternative country to reside in, and
• You have not committed disqualifying crimes or been identified as a threat to U.S. national security.

Asylum is for people who have faced persecution because of their: race, religion, nationality, political opinion, or membership in a particular social group. Some of these categories are relatively straightforward. For example, if your government has threatened people for practicing a specific religion and you’ve personally been targeted, you may qualify to apply for asylum by submitting Form I-589. However, some aspects of asylum eligibility can be more complex. Before we explore those in more detail, it’s important to understand what “persecution” means in the context of asylum.

In the context of U.S. asylum law, persecution goes beyond just physical violence. It includes serious harm such as psychological abuse or the denial of basic human needs like freedom, shelter, food, employment, or other essentials necessary for survival.

To be eligible for asylum based on persecution, the harm must be inflicted by the government or by individuals or groups the government is unwilling or unable to control. Additionally, the mistreatment must be significant—not something minor or temporary.

To apply for asylum using Form I-589, you must show that the harm you’ve experienced—or fear experiencing—is directly linked to one of the five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.

This link between the persecution and the protected ground is known as the “nexus requirement,” and it’s a critical part of qualifying for asylum in the United States.

You may qualify for asylum in the United States if you fear persecution in your home country because of your political beliefs.

A political opinion refers to your expressed views or ideals—even those others think you hold (this is known as an “imputed” political opinion). These beliefs don’t have to be tied to a specific political party or movement; they can relate to broader political issues or your stance on government policies.

To apply for asylum using Form I-589 based on political opinion, you must demonstrate that your views are sincerely held, that you're at risk of serious harm because of those views, and that your government—or groups the government cannot control—is either responsible for the harm or unwilling to protect you.

You may be eligible for asylum in the United States if you fear persecution in your home country due to your association with a particular social group.

This is one of the broader grounds for asylum and can include individuals who belong to groups such as:

• Ethnic or tribal communities
• Occupational groups
• Relatives of targeted individuals
• People of a certain gender (in some circumstances)
• Those with a particular sexual orientation
• Members of specific social or economic classes
• Or others with defining shared traits

A group is generally considered a “particular social group” if its members:

• Share a characteristic that is fundamental or unchangeable
• Are recognized as socially distinct in their community
• Have defined boundaries that clearly identify who belongs to the group

In simpler terms, this can include people with common ancestry, social experiences, roles, or life circumstances. These traits might be visible or hidden, and they can stem from things like family ties, gender, past military service, or even previous experiences such as forced labor or gang involvement.

It’s important to note that USCIS does not maintain a fixed list of what qualifies as a particular social group. Each case is reviewed based on its own facts and context.

Applying for asylum in the United States requires submitting Form I-589 along with supporting documents to U.S. Citizenship and Immigration Services (USCIS). This form helps you demonstrate that you have a genuine fear of persecution in your home country.

Here’s a quick overview of the process:
Step 1: Enter the United States
Step 2: File Form I-589 with USCIS within one year of your arrival
Step 3: Attend your biometric appointment for fingerprinting and background checks
Step 4: Wait for your asylum interview notice
Step 5: Participate in the scheduled asylum interview
Step 6: Receive a decision from the asylum officer

To be eligible to apply for asylum, you must be physically present in the United States or arriving at a U.S. port of entry. For example, someone who enters on a visa—such as a student or tourist visa—can still apply for asylum by filing Form I-589 while in the U.S.

As a general rule, you must submit your I-589 asylum application within one year of your last entry into the United States. However, if you miss this deadline, you may still qualify under specific exceptions.

These exceptions include:

• Changed circumstances related to your asylum eligibility (such as a new political regime in your home country)
• Extraordinary circumstances that explain the delay (including serious illness, death of a family member, attorney error, trauma, or language barriers)

Instructions for filing can be found on the USCIS website. After submission, you’ll receive a receipt notice with a case number to track your application

After your form is accepted, USCIS will send you a biometrics appointment notice. At this appointment, you’ll provide fingerprints, a photo, and other background information at a local USCIS office.

This process is required to complete security and identity verification.

Once background checks are completed, USCIS will send a notice with the date, time, and location of your asylum interview.

The asylum interview is your opportunity to personally explain your story to a USCIS officer. During this interview, you'll answer questions and provide more details about your claim for asylum under Form I-589.

Be honest and thorough. It's important to clearly explain how your situation meets the criteria for asylum under U.S. law.

After the interview, the asylum officer will review your application, interview responses, and supporting documents. If additional evidence is needed, they may reach out before making a final decision.

If your case is approved, you’ll receive a written notice of approval along with next steps, such as applying for a green card after one year.

What comes next depends on your immigration status at the time of denial:

• If you do not have lawful status in the U.S., your case will be referred to immigration court, where you’ll have another opportunity to present your asylum claim before a judge.
• If you have valid status or parole, USCIS will simply deny the application, and you will not be placed in removal proceedings.

Keep in mind, the court process can be lengthy due to heavy case backlogs, but you will still have a chance to make your case.

Due to the high number of asylum seekers in the U.S., processing times for Form I-589 can vary widely.

In general, USCIS aims to make a decision on your asylum application within 180 days of filing. However, delays are common—especially if there are exceptional circumstances or if your case is being handled in Immigration Court instead of through the USCIS asylum office.

As of late 2023, there were over 1 million pending asylum applications with USCIS. Because of this backlog, it’s not unusual for wait times to stretch beyond 2 to 3 years.

To give you a sense of how long it may take:

• Applications filed since 2013 have generally taken more than a year
• For those filed in 2015 or later, median wait times have exceeded two years
• In fact, applications submitted in 2018–2019 took an average of 814 to 995 days

While wait times can fluctuate, some USCIS asylum offices currently move faster than others:

• San Francisco, CA: Approximately 1 year
• Austin, TX: Around 1.5 to 2 years

Important: These are averages and not guaranteed. Given the size of the backlog, even these offices may experience delays.

• The number of affirmative asylum applications submitted to USCIS surged from 63,074 in 2021 to 238,841 in 2022—an almost fourfold increase and the highest recorded to date.
• The total number of individuals granted asylum in the United States more than doubled, rising from 16,628 in 2021 to 36,615 in 2022. Let me know if you'd like any refinements!

Grants of Affirmative Asylum by Basis of Claim: Fiscal Year 2022

Basls of clalm	Number of approvals	Percent
Total	8,901	100%
Political Opinion	4,564	51.3%
Particular Social Group	2,360	26.5%
Religion	1,175	13.2%
Race	364	4.1%
Multiple Bases	224	2.5%
Coercive Family Planning	122	1.4%
Nationality	85	1.0%
Unknown	7	0.1%

Total Individuals Granted Asylum by Country of Nationality

Country of nationality	Number	Percent
Total	36,615	100.0%
China, People's Republic	4,589	12.5%
Venezuela	3,691	10.1%
El Salvador	2,639	7.2%
Guatemala	2,329	6.4%
India	2,203	6.0%
Honduras	1,829	5.0%
Afghanistan	1,493	4.1%
Turkey	1,228	3.4%
Russia	1,158	3.2%
Mexico	975	2.7%
All other countries	14,481	39.5%

In 2020, 2021, and 2022, the top three countries of nationality for individuals granted asylum were China, Venezuela, and El Salvador. In 2022, Chinese nationals comprised 13% of all asylum recipients, while Venezuelans made up 10% and Salvadorans accounted for 7.2%. Together, these three nationalities represented 30% of all persons granted asylum that year, closely mirroring the 31% recorded in 2021.

If your Form I-589 has been approved and you’ve lived in the U.S. for at least one year, you may be eligible to apply for a green card—a major step toward permanent residency.

Keep in mind that this process typically takes 1 to 2 years. Once you’ve held your green card for five years, you may also qualify to apply for U.S. citizenship.

There are a few types of costs associated with the asylum process, including legal fees and other administrative expenses.

The cost of hiring an immigration lawyer varies depending on the attorney and the complexity of your case. Working with a firm that focuses on asylum can give you more personalized support and strategic guidance.

To get an exact estimate for your case, reach out to Keller Law Group LLC. Then, sit back while we handle everything for you.

Good news—there are no USCIS filing fees for Form I-589! However, you may still incur additional expenses related to:

• Translating documents
• Taking passport-style photographs
• Mailing forms and evidence
• General administrative costs

Applying for asylum is a serious legal process that can be emotionally and mentally overwhelming. Having a knowledgeable asylum attorney by your side can make a real difference.

At Keller Law Group, we’re committed to guiding you through every step of the asylum process. Our firm offers:

• Flexible payment plans (up to 6 months)
• Experienced immigration attorneys
• A focus on asylum cases and Form I-589 filings

We're here to support you from your first consultation through final approval.

How can I get a green card through asylum?
To apply for a green card (permanent residency) after being granted asylum, you must live in the U.S. under asylum status for at least one year. After holding a green card for five years, you may also be eligible to apply for U.S. citizenship.
Additionally, you may be able to request that certain close family members join you in the United States.

Who qualifies for asylum in the United States?
You may qualify for asylum in the U.S. if you meet the following criteria:

• You are currently inside the U.S.
• You arrived less than one year ago (unless exceptional circumstances apply)
• You have a well-founded fear of persecution in your home country
• The persecution is based on race, religion, nationality, political opinion, or membership in a particular social group
• You are not safely able to live in another country
• You have not committed certain serious crimes or pose a threat to U.S. security

Is it hard to get asylum in the U.S.?
Asylum applications are highly case-specific. Your chances of success depend on the strength of your story, supporting evidence, and legal representation. The process can be complex, take a long time, and is subject to changing immigration policies.

How long does it take to get a decision on asylum?
Asylum processing times vary widely—from a few months to several years—depending on your specific case and where it’s being processed. You are eligible to apply for a work permit (EAD) after your I-589 application has been pending for 180 days.

How much does it cost to apply for asylum?
At Keller Law Group, you pay the attorney fees for preparing and filling form I-589. To get a quote for your case, reach out asap. We definitely don't charge a kidney.

How long is the asylum backlog?
Due to high demand, wait times can be substantial. As of early 2024:

• USCIS cases: estimated wait time may exceed 6 years
• Immigration court (EOIR) cases: average wait time is about 4.3 years