Written by attorney Carl Michael Shusterman

The Affirmative Asylum Application: Asylum Packet Contents/What Applicants Must File

An asylum packet consists of:

  • The most recent acceptable version of the Form I-589, Application for Asylum and for Withholding of Removal

  • Form AR-11: Alien Change Of Address

  • Notice of Counsel and Consequences of Filing

  • Executive Office for Immigration Review (EOIR) Representative List

What Applicant Must File

At a minimum, an applicant must submit the following to apply for asylum: Original I-589, which is completed in English and signed by the applicant and preparer, if any.

  • Two (2) copies of the completed and signed I-589 form.

  • One (1) passport-style photograph.

  • If an applicant has a spouse or child in the U.S. who wants to be included as a dependent on the I-589 form, an applicant must also submit the following for each dependent:

  • One (1) copy of his or her asylum application that includes the dependent’s information.

At a minimum, an applicant is permitted to submit only copies of pages 1, 2, 3, and 9 (including Supplement A Form I-589 as needed for additional family members) of the principal applicant’s application in lieu of the entire I-589 form and supplemental documentation.

  • One (1) photograph of the dependent that he or she wants to add, stapled on page 9 of the dependent’s copy.

  • One (1) copy of evidence of relationship:

  • A marriage certificate, if the dependent is a spouse.

  • A divorce decree, if the principal applicant or spouse was previously married.

  • A birth certificate, if the dependent is a child.

  • “Original I-589" is an I-589 form with the original signature plus any supplemental sheets and/or statements.

If a principal applicant does not have and is unable to obtain a marriage or birth certificate, he or she may submit a copy of secondary evidence of relationship. Secondary evidence may take the form of historical evidence; such evidence must have been issued contemporaneously with the event that it documents and may include, but is not limited to, medical records, school records and religious documents. Affidavits may also be accepted.

8 C.F.R. 204.2(d)(2)(v) discusses secondary evidence to support a petition for child or son or daughter.

If an affidavit is the secondary evidence, the principal applicant must submit one (1) original and two (2) copies of an affidavit from at least one (1) person for each event the principal applicant is trying to prove. A relative or other person may provide an affidavit, and he or she need not be a United States citizen or lawful permanent resident. An affidavit must: Fully describe the circumstances or event in question and fully explain how the affiant acquired knowledge of the event(s). Be sworn to, or affirmed by, a person who was alive at the time of the event(s) and have personal knowledge of the event(s) (date and place of birth, marriage, etc.) that the principal applicant is trying to prove. Show the full name, address, date and place of birth of the affiant, and indicate the relationship between him or her and the principal applicant

Free Q&A with lawyers in your area

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer