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15. Application Process: Preparing the I-589

The information in this chapter refers to the most recent version of the I-589 application form, which was revised on 7/3/03.

Please note that CIS revises this form from time to time. The form is available on the CIS website at uscis.gov/graphics/formsfee/forms/i-589.htm. Please make sure that the most current version of the form online is the same as the one discussed herein. In any event, guidance on how to fill in the form should still be useful.

The Application for Asylum, Withholding of Removal, and Relief under the Convention against Torture (“CAT”) is filed with your Regional Service Center (See the USCIS website for addresses http://uscis.gov/graphics/) using Form I-589.

If you are filing the application affirmatively, the Asylum Office should be scheduled for an interview within 45 days after submitting the asylum application. 1 The same form is used to submit applications for Asylum, Withholding and CAT, although Asylum Officers are only authorized to adjudicate the asylum claim.

» Practice Pointer: It is the filing of the I-589 itself that initiates the Asylum application process. Thus, it is the date that the application is received by the Service Center or that the application is filed in Immigration Court, which marks the filing date for purposes of determining whether or not an applicant has met the one year filing deadline. In cases where you have very little time to file before the one year deadline, you can file a barebones I-589 application and submit the affidavit and supporting documents at the interview.

15.1 Filling out the I-589 Asylum Application Form

The purpose of this chapter is to guide the asylum applicant’s representative in the preparation of the application form itself.

The I-589 form is available online at uscis.gov/graphics/formsfee/forms/i-589.htm. Unfortunately, this is not a “fillable” form as some CIS forms are. There are commercial companies which offer fillable and saveable immigration forms on cd disks to immigration practitioners. It is also possible to find free fillable versions of the I-589 online on private attorneys’ websites by doing a google search such as “I-589 fillable.” If you use one of these sites, make sure that the revised date on the lower right hand corner of the form matches the most recent version on the CIS website. While the data on web-based fillable forms cannot be saved electronically, you can write out the answers in Word or Wordperfect and cut and paste them into the fillable form. You can also print the form and type or handwrite the answers.

A. Part A: “Information About You”

The first part of the application requests biographical information about the applicant. This section collects information which may form an important part of the applicant’s claim. As with every part of the application, you must be careful to answer these questions correctly. Wherever the question asks for information that does not apply to the applicant or for which there is no answer you must write “not applicable” “N/A”or “none.” All questions on the Form I-589 must be answered. If an applicant fails to answer a question, the Service Center may reject and return the entire application.

1. Alien Registration Number (A#).

The “A” number is the number assigned to people who have ever filed an application with the INS, CIS, or have had a case in Immigration Court.

The “A” number is an eight or nine digit number. Most applicants applying for asylum for the first time will not have an “A” number at the time the application is filed. If the applicant does not have an “A” number, the correct answer here is “none.”

2. Social Security Number.

Most foreign nationals seeking asylum will not have a valid social security number in his or her name. If so, the correct answer is “none” since the application asks only for the applicant’s social security number. If the applicant does possess a valid social security number issued to him or her, then this number must be entered in this space. This may arise, for example, if the applicant was in the United States on a student visa and had employment authorization. Some undocumented immigrants who have been in the United States for many years have valid social security numbers because ten or more years ago it was relatively easy for anyone who applied to obtain a Social Security number. Also note, some foreign nationals have IRS tax payer I.D. numbers. This is not a social security number and should not be included in this box.

3. Complete Last Name.

This refers to the applicant’s family name or surname, including two last names such as “Mendez-Robles.” If there is any doubt as to which part of an applicant’s name is the surname, it may be easiest to refer to the applicant’s passport or other identification document. To avoid confusion, it may be helpful to enter the applicant’s last name in all capital letters to distinguish this part from the applicant’s first and middle names and to repeat this style throughout the application.

» Practice Pointer: Sometimes asylum applicants enter the United States with false identity documents. The applicant should always use his or her true information on the asylum application form even if she does not have a valid identity document that matches her real name.

4, 5. First Name, Middle Initial.

This refers to the applicant’s first or given name. Again, if there is any doubt as to what part of the applicant’s name is the first name, it may be helpful to refer to the applicant’s passport or other identification documents.

6. Aliases.

Here you should include all aliases, nicknames, previous names or other versions of the applicant’s real name by which he is known or which has ever been known. If the applicant is transgender and goes by a different name from what is on his identity documents, he should put the other name here. Likewise, if the applicant has had a legal name change, you should put the prior name here.

7. Residence in the U.S.

This should be the address where the applicant lives. The address entered in response to this question also determines which Asylum Office has jurisdiction over the applicant’s application. It is therefore important that this information is correct and that the Immigration Service is notified of any changes to the applicant’s address after the filing of the application.

8. Mailing address in the U.S.

This should be an address where the applicant receives mail. The applicant will receive written notice that the INS has received the asylum application and written notices of the interview and future proceedings at this address. If this is the same as the residence, write “same.” While both attorney and client are supposed to received a copy of all correspondence from CIS, sometimes CIS only sends notices to the client or to the attorney, so it’s important to include an address where the client can reliably receive mail.

9. Sex.

If the applicant is transgender, you should enter the sex that the applicant uses to self-identify. Be aware, however, that in other contexts, CIS only recognizes corrected gender if the foreign national has undergone sex reassignment surgery. Thus, for example, if your client is an M–>F transgender woman who has not completed sex reassignment surgery, you should put “F” as her sex, since this is how she self-identifies and this will be part of her asylum claim, but you should also let the client know that unless she completes sex reassignment surgery, CIS probably will not recognize her corrected gender on whatever documents she receives from them. 2

10. Marital Status.

Because of the Defense of Marriage Act, the U.S. federal government, including CIS, does not recognize same sex marriages. Nevertheless, if the applicant is legally married (currently only the Netherlands, Belgium, most provinces in Canada and the state of Massachusetts grant full marriage rights), she should check “married.” If the applicant is in a relationship other than marriage – a civil union or domestic partnership – “single” is probably the most appropriate box to check.

11. Date of Birth.

Note: sometimes asylum applicants enter the United States with false identity documents. The applicant should always use his true information on the asylum application form, not the data form the false documents.

12. City and Country of Birth.

Note: many countries do not automatically confer citizenship on individuals who were born in the country. For this box you must enter the birthplace, not the place of citizenship.

13. Present Nationality (Citizenship).

Applicant should enter the present country of nationality/citizenship in this space. If an applicant holds dual citizenship, you should include each country of nationality.

14. Nationality at Birth.

Applicant should enter the country of nationality at birth, even if it is the same as present nationality.

15. 16. Race/Ethnic or Tribal Group. Religion.

These sections should be completed if the applicant is a member of such a group or religion regardless of whether the applicant’s claim is based upon this characteristic. It is important to fill in “none” in the religion box if the applicant does not have a religious affiliation. Asylum applications are often returned by the Service Center if this box is left blank.

17. Immigration Status.

It is important to be sure that your client is not currently and has never been in removal or deportation proceedings. If the applicant is in proceedings or has a final order of removal or deportation, he will have to file the application with the Immigration Court rather than with the CIS Service Center because the Asylum Office will not have jurisdiction. If the applicant has an A#, you can call the Immigration Court automated phone system to make sure there has never been Immigration Court case for the applicant. This automated phone number is 800- 898-7180. While the information on this phone system is generally accurate, if the applicant was in proceedings more than ten years ago, it’s possible that his removal information will not have been entered in the phone system.

If the applicant is in valid immigration status, such as student status, you should write that here, for example, “student, F1.” In many cases the applicant will be out of status. For example if the applicant entered with a tourist visa and overstayed, you could write “expired B1/B2.” If the applicant entered by crossing the border without inspection, you should write “none.”

18. a. The Date of Exit from Applicant’s Country.

This should be given as the date when the applicant last left her country. This date is important to determine whether the applicant traveled through or resided in other countries before finally arriving in the United States and if so, whether the applicant had meaningful opportunity to seek asylum in such countries.

18. b. Current I-94 Number, if any.

The I-94 is the white or green passport size Departure Card that a foreign national is given when he enters the United States with inspection at an immigration port of entry. The I-94 will have a number of approximately 12 digits in the top left corner which should be entered here. If the applicant entered illegally (crossing the border) you should write “none” in this box.

18. c. List Each Entry to the U.S. Including Date, Place, Status and Date Status Expires.

The Date of Last Arrival in the United States should be given as the date of the applicant’s last (most recent) entry. Many applicants will still be in possession of the white card given to them upon entry known as the I-94 Departure Record card (or green I-94W Departure Record) which records the date and port of entry. In these cases, date of entry is easily determined.

Sometimes it is more difficult to determine the exact date of entry. The burden is on the applicant to prove that he filed within one year of his last entry into the United States If the applicant last entered the United States without being inspected by an Immigration Officer at a port of entry (“Entered Without Inspection” or “EWI”) then the date given should be the date on which the applicant actually crossed the border. If the specific date is not known to the applicant, as is often the case when the applicant has entered without inspection and/or many years have passed since entry, the applicant should attempt to establish with the greatest accuracy possible the date on which the last entry took place. If this cannot be done, you should offer an approximate date using the words “on or about.” If even an approximate date of entry cannot be ascertained (e.g. if the applicant entered the country as a young child and has no way of learning the approximate date of entry) then the appropriate answer would be “unknown.” It is important to note that under the changes in the law in 1996, an individual seeking asylum must file an application within one year of his last arrival in the United States or meet narrow exceptions to this rule. Therefore, the answer to this question may determine whether or not the applicant is eligible to file an application for asylum.

Place of Last Arrival is also usually easily determined. Most applicants will still have this information recorded on the I-94 Departure Record card or in their passport. Applicants who have entered without inspection (or who are no longer in possession of the I-94 Departure Record card) can usually identify the general geographic area at which they crossed the border and entered the United States, such as “Arizona.”

Status.

The applicant’s status when admitted is usually easily identified by reference to the I-94 Departure Record or passport. Most applicants will have entered originally on a non-immigrant status, for example, as a visitor for business or pleasure (B), exchange visitor (J), student (F), professional worker (H), journalist (I), crew member (D), religious worker (R), or visa waiver tourist. Some applicants will have entered without inspection, most commonly by crossing the border, and therefore will have not entered on any lawful status. In such a case the correct response to this question is simply, “EWI” or “entered without inspection.” If the applicant entered with fraudulent documents, she did not actually enter without inspection. You should write in the type of visa she used but indicate that it wasn’t really hers, for example “B1/B2, not issued to applicant.”

Expiration of status refers to the expiration of the permitted stay on such status. For example, a foreign national admitted to the United States as a visitor on a B-2 visa for six months would designate the end of the time period allowed to remain in the United States as the expiration date (unless it had been extended) and not the expiration of his or her visa (a B-2 visa may be valid for entries as a visitor for many years in some instances). Some I-94s, such as those for students, have the designation “D/S” for “duration of status” written on them rather than a specific date by which the applicant is supposed to leave the United States If the I-94 says “D/S” you should write this in on the Date Status Expires line.

For each entry the applicant has made into the United States, she must provide information to the best of his or her ability about the date, place and status of entry.

19. Country that Issued Last Passport or Travel Document.

This should be self-evident. Again, you must always be truthful so if the applicant obtained a fake passport that was not issued by his own country, he must indicate the actual country that issued the passport used. Attach a copy of the applicant’s passport, front and back cover and every page. Be sure to remove any stapled or loose papers from the passport so that every page is clearly visible. Also be sure that the copies of the various stamps or visas entered into the passport are clearly visible. If the applicant has an I-94 Departure Record card stapled into the passport, it might be helpful to remove it from the passport and to copy it both front and back and attach the copy with the copy of the passport. Also, if the applicant has renewed his passport since being in the United States, attach copies of both the current passport and the passport which he used to enter into the United States.

 

20. Passport/Travel Document #.

Enter the passport number of the applicant’s current or most recent passport (even if it is now expired). This number can generally be found on or close to the identification page of the passport.

21. Expiration Date.

Enter the month, day and year of expiration of the applicant’s current or most recent passport (even if it is now expired).

22, 23, 24. Languages.

Write in the applicant’s native language. If the applicant has more than one native language, she should write in the language in which she feels most comfortable. If the applicant is fluent in English, answer “yes.”

Part A. II. Information about Your Spouse and Children.

This part of the application asks for information about the applicant’s spouse and children. Most applicants for asylum based on sexual orientation will not be married or have children. For those applicants who are married, the section for the applicant’s spouse must be completed, whether or not the applicant’s spouse is included as part of the this application. If the applicant is not married, check the box on the top line and proceed to the Question 2 which asks about children. If the applicant has no children simply write “none.” The information requested regarding spouse and children is similar to the information requested for the applicant and should be filled out as explained above.

Part A. III. Information about Your Background

1. Address.

This box requires the applicant to list her last address outside the United States If the applicant did not come directly to the United States, then she must also list her last address in the country from which she is claiming persecution.

2. 3. 4. 5. Residences; Education; Employment; Parents and Siblings.

The current I-589 form asks for personal history including information about the applicant’s parents, applicant’s education, addresses at which the applicant resided for the past five years, and the applicant’s employment (including unauthorized employment) for the past five years. Note that for residences and employment, the applicant must list information for the last five years.

Often applicants who are working without authorization do not want to give the name of their employer for fear of getting the employer in trouble. In that case, the applicant may feel more comfortable being somewhat vague, such as “Mexican Restaurant, Brooklyn, NY” rather than naming the specific establishment.

Similarly, if the applicant has relatives who are in the United States without lawful status, the applicant may feel more comfortable giving a vague current location, such as “Los Angeles, CA” as opposed to a specific address.

Part B. Information about Your Application

In Part B of the application, the applicant is expected to lay out in detail the basis for his claim. A limited amount of space is offered on the application to answer several basic questions about the reason the applicant is seeking asylum.

» Practice Pointer: Some practitioners do not write anything other than “See attached affidavit” in response to the “essay” questions. This strategy is strongly discouraged. Often at the asylum interview, the Officer will be following along with the I-589 and not with the affidavit itself. Thus the best practice is to succinctly summarize the claim in a few sentences which include the most serious incidents that comprise the claim. You can attach additional sheets of paper to expand on these answers, but since you will already be attaching a very detailed affidavit, it’s best to try to fit the answers in the space provided.

Remember, the Officer will have the entire declaration to read as she is reviewing her notes and the file after the interview. Your goal with the I-589 should be to make it as easy as possible for the Officer to follow along with the applicant’s story during the interview.

1. Why Are You Seeking Asylum?

You should check the box “Membership in a Particular Social Group” for claims based on sexual orientation, transgender identity and/or HIV status. Note: it is possible to apply on more than one ground at once. Thus an applicant may simultaneously be applying on other ground(s) such as religion or political opinion. If the applicant was active in promoting LGBT/H rights in his country, this may also form the basis of a political opinion claim. Also note: if the applicant is seeking relief under the Convention against Torture, you should check this box as well.

1. A. Have You, Your Family or Close Friends or Colleagues Ever Experienced Harm, Mistreatment or Threats in the Past?

This question is asking about past persecution. It is important to succinctly state any past harm that either the applicant or anyone whom she knows personally has suffered on account of her sexual orientation, transgender identity or HIV-positive status. If the applicant has never directly experienced harm herself, it is very useful for her to give detailed examples of harm that her family or friends have experienced as this helps personalize her fear of future persecution. Likewise even if the harm she suffered in her country didn’t rise to the level of persecution, it is important (if factually possible) to include some examples of harm here (for example, school taunts, family disownment) to paint a picture of the life that the applicant is afraid to return to.

It is best to be succinct and specific in answering this question because the Asylum Officer will probably follow along with the answers to the “essay” questions during the interview.

1. B. Do You Fear Harm or Mistreatment if You Return to Your Home Country?

This question essentially asks whether the applicant fears future persecution. For the applicant to qualify for asylum the answer to this question must be “yes.” Again, it is helpful to be both succinct and specific in detailing the type of harm feared – abuse by police, gay bashings, coercive psychological “treatment,” forced marriage, disownment by family, lack of medical treatment, inability to find any employment, etc.

The answer to this question is especially important if the applicant did not experience past persecution. You should explain specifically how the applicant became fearful of the consequences of being LGBT/H especially if he had no personal experience with such persecution. In some cases, the applicant may have become aware of the persecution of other sexual minorities because of incidents in which friends or acquaintances had been victims of persecution, or when such incidents happened to strangers and were reported in the media or documented in other sources. Again the applicant should be as specific as possible about how he learned of the harm that occurred to others.

B. Have You or Your Family Members Ever Been Accused, Charged, Arrested, Detained, Interrogated, Convicted and Sentenced or Imprisoned in any Country, Other than the U.S.?

You may have already included information about arrests or detentions the applicant suffered in his country in your answers to a previous question, but you should still list such incidents again in answer to this question. Remember, this question doesn’t only ask about convictions, but includes arrests, detentions, and interrogations. Thus any interaction the applicant had with the police or military in which he did not feel free to leave should be included here.

Answering this question can help provide details about the basis of the applicant’s claim, if, for example, he was detained and abused by the police because of his sexual orientation. In some sexual orientation based cases, applicants have been previously arrested, charged and convicted of violating laws prohibiting homosexuality or homosexual sexual conduct. These “prosecutions” for private sexual activity between consenting adults may in fact be persecution.

It is also important to include any information about arrests or detentions even if they are unrelated to the asylum claim itself. Convictions for some crimes could lead to a bar to asylum so the Officer will pay close attention to the answers to this section. See Section # 6.2.

3. A. Have you or your family members ever belonged to or been associated with any organizations or groups in your home country?

This question is usually most relevant to someone who is claiming persecution based on her political opinion or affiliation with a certain political organization. In the case of sexual-orientation based claims, if the applicant was a member of an LGBT/H organization and for that reason was targeted for persecution then the applicant may have a dual claim based on LGBT/H status and political opinion. The applicant should list any or all associations or memberships with LGBT/H organizations in her home country along with corroborating evidence of such membership such as letters, membership cards, news stories, etc.

Even if the applicant herself was not affiliated with any organizations in her country, she may fear returning because of her family’s affiliations. For example, a Colombian applicant with a politically active brother may fear returning to her country based on her own imputed political opinion because of her brother’s activities. It is therefore important to answer this question thoroughly regarding the entire family.

The answer to this question could also trigger mandatory bars to asylum if the applicant was affiliated with an organization with the United States considers to be a terrorist or genocidal organization.

3. B. Do you or your family members continue to participate in any way in these organizations or groups?

The answer to this question could impact the applicant’s fear of future persecution, so if he is still involved in any of these groups, he should explain thoroughly his involvement.

4. Are you afraid of being subjected to torture in your home country or any other country to which you may be returned?

If the applicant is applying for relief under the Convention against Torture, she should be able to answer truthfully “yes” to this question. See Section # 7 for more information about CAT relief. Basically, if the applicant fears physical harm or pain either directly at the hands of her government or with the acquiescence of her government, she should respond that she fears torture in her country. Again, although the answer to this question may be redundant with answers to other questions, you should still include succinct but detailed information about why the applicant fears torture and by whom.

Part C. Additional Information About Your Application

If an applicant can truthfully answer all the questions below by checking NO that means that the applicant is not facing any substantive issues that may jeopardize the applicant’s eligibility for asylum. However, if the applicant has to answer any of the questions in the affirmative then the applicant should include a detailed explanation of his answer.

1. Have you, your spouse, your child(ren), your parents, or your siblings ever applied to the United States Government for refugee status, asylum or withholding of removal?

The response to the question of whether an applicant has previously applied for asylum or withholding of removal may be extremely important in the adjudication of this application. If the applicant has never before filed such an application, then the obvious correct answer is simply to check the “no” box.

In some cases, an applicant is filing an application because he has been previously included in an application by a parent, but no longer qualifies as an unmarried child under twenty-one and must now file a separate application.

In other cases, however, the applicant has previously filed an application (yes). This application may still be pending with the Immigration Service or may have been denied administratively (denial by the Asylum Office.) In either case, a subsequent application for asylum must fully explain the circumstances surrounding the previous application and the disposition or status of the previous application. This explanation may be incorporated in the applicant’s affidavit, particularly if it is a lengthy explanation and if it helps explain other parts of the case such as the applicant’s fear of return to his country.

It is worth noting here that some individuals with true LGBT/H based asylum claims may previously have had weak, frivolous or fraudulent asylum applications filed on their behalf on other grounds. These previous applications may have been filed by an attorney or non-attorney (such as a “notario”) in order to obtain employment authorization for the applicant without fully explaining the nature of the documents being filed. It is, therefore, vital that an applicant fully explain the reasoning behind the previous application.

2. A. After leaving the country from which you are claiming asylum, did you or your spouse or child(ren), who are now in the United States, travel through or reside in any other country before entering the United States?

2. B. Have you, your spouse, your child(ren), or other family members such as your parents or siblings ever applied for or received any lawful status in any country other than the one from which you are now claiming asylum?

The purpose of these questions is to determine whether the applicant could have sought or could currently seek asylum or other lawful immigration status in a country other than the United States. Asylum is meant to be an application of last resort; if the applicant had or has a reasonable opportunity to safely relocate elsewhere, that is a ground for the United States to deny the asylum application.

Note that question 2. A. inquires both as to whether the applicant resided in another country and as to whether the applicant traveled through another country. If the applicant traveled briefly through another country (for example a Guatemalan traveled overland across Mexico), it is unlikely that the Asylum Officer would question why he did not seek asylum there. If, however, the applicant traveled through another country which grants asylum to LGBT/H individuals, he should be prepared to explain why he did not seek asylum in that country. Likewise, if an applicant actually resided in another country before fleeing to the United States, he should explain why he did not seek asylum there. For example, if an Egyptian lived in Qatar before coming to the United States and applying for asylum, he could explain that sexual minorities are mistreated in Qatar as well.

3. Have you, your spouse, or child(ren) ever ordered, incited, assisted, or otherwise participated in causing harm or suffering to any person because of his or her race, religion, nationality, membership in a particular social group or belief in a particular political opinion?

This question again addresses mandatory bars to asylum. In the vast majority of cases, the answer to this question will be “no.” If the applicant did participate in persecuting others, for example, during mandatory military service or forced guerilla service, he should explain in detail why he was forced to carry out the actions which he did.

4. After you left the country where you were harmed or fear harm, did you return to that country?

There are many situations which might lead to an asylum applicant returning to her home country after having left it. Because many LGBT/H asylum applicants don’t know that their sexual minority or HIV status can be the basis of an asylum claim, many individuals return to their countries to comply with the terms of their visas. Some applicants make regular trips to and from the United States to receive HIV medical treatment here. Other applicants, such as students, may not have experienced persecution in their countries until they’ve had the chance to live in the United States and “come out.”

The applicant must anticipate that the Asylum Officer will question why she is afraid to return to her country now if she willingly returned in the past. She should address this anticipated question in this answer on the form.

5. Are you filing the application more than one year after your last arrival in the United States?

If the answer to this question is “yes,” you should explain in detail why the applicant did not file within the one year filing deadline. Missing the deadline means the asylum application will be denied unless the applicant can demonstrate an exception to the one year filing deadline. It is important to state succinctly but with some detail the applicant’s claimed exception to the one year filing deadline in this section. The two categories of filing deadline exceptions are for “changed circumstances” and/or “extraordinary circumstances.” If the applicant has missed the one year filing deadline, please See Section # 5 for a detailed discussion of the one year filing deadline and possible exceptions. It is also important to understand that even if the applicant meets an exception to the one year deadline, he must file “within a reasonable period of time” after the exception. The answer to this question should therefore also briefly address the reasonableness of the

In general, an applicant should not file for asylum affirmatively if he or she has missed the one year filing deadline, unless he or she has a strong argument for a filing deadline exception.

6. Have you or any member of your family included in the application ever committed any crime and/or been arrested, charged, convicted and sentenced for any crimes in the United States?

It is very important that the applicant answer this question truthfully. The applicant must answer “yes” if she was ever arrested, even if she was never charged or convicted. Thus, even if a criminal case was dismissed and sealed, the applicant must answer “yes.”

If an applicant was convicted of a “particularly serious crime” she will not eligible for asylum or withholding of removal. If you are not certain whether a crime that the applicant committed would affect her asylum eligibility, research this issue thoroughly before filing the application. For more information on criminal bars to asylum eligibility see Section # 6.2.

Part E. Your Signature

The applicant must sign and date the application, attach two photographs and write her name in her native alphabet if the alphabet is different from English. If the applicant’s spouse, parent or child assisted in preparing the application, she must write her name on the form. If the application was prepared by an attorney or accredited representative, the “Yes” box should be checked in answer to the question “Did someone other than your spouse, parent, or child(ren) prepare this application?” The applicant should also check the appropriate box to the next question about whether or not he or she has been provided with a list of free or low cost attorneys. Failure to check a box, even if it’s not particularly relevant to the claim, can lead to the entire application being returned to the applicant.

The applicant should read the certification written above the signature line which indicates the penalties for false statement of material fact and the applicant should carefully read the “WARNING” that applicants for asylum may be subject to removal (i.e. deportation) if asylum and withholding claims are not granted.

Part E. Declaration of Person Preparing Form if Other than Applicant, Spouse, Parent, or Child

If the applicant is represented by an attorney, the attorney should complete and sign this part. The attorney must also complete a Notice of Appearance Form (G-28) (preferably on blue paper) to be recognized as the attorney of record.

Nevertheless, if an attorney assists an applicant to complete the application, even if the attorney does not intend to represent the applicant, he or she must sign the form and supply contact information here.

Part F. To Be Completed at Interview or Hearing

The applicant will be asked to complete and sign this part at the interview or before the Immigration Judge to re-affirm that the application and documentation attached are true.

This Manual is intended to provide information to attorneys and accredited representatives. It is not intended as legal advice. Asylum seekers should speak with qualified attorneys before applying.

Notes:

  1. 8 U.S.C. 1158(d)(5)(A)(ii).
  2. See CIS Memo dated April 16, 2004 explaining under what circumstances the agency will recognize change of sex.