For many, Form I-589 (Application for Asylum and for Withholding of Removal) is the first step toward a life free from persecution and fear. This application allows individuals to request asylum or withholding of removal in the United States—potentially securing their future in a place of safety and opportunity.
For immigration lawyers, Form I-589 represents a stage in helping clients seeking refuge. It requires a deep understanding of legal nuances and a commitment to crafting compelling cases.
But navigating this complex process can feel overwhelming. Common questions can include:
In this article, we’ll break down everything you need to know about Form I-589, from eligibility requirements to strategies for building a strong case.
Form I-589 is used by individuals seeking protection in the United States. Those who have experienced, or fear, persecution based on race, religion, nationality, membership in a particular social group, or political opinion may file this form to request asylum. This process helps these individuals avoid being returned to a place where they might be harmed.
Applicants must meet specific requirements to file Form I-589, which include:
The U.S. asylum process is multifaceted, and recent shifts in policies and approval rates highlight the importance of staying informed. For immigration law firms, understanding these trends—and communicating them effectively to clients—can help build trust and deliver desired outcomes.
Approval rates for asylum petitions change frequently due to shifts in administration and policy. In October 2024, approval rates fell to 36%, down from more than 50% during the Biden administration in fiscal year 2023. These statistics also vary considerably based on the applicant’s country of origin.
For example, less than 20% of applicants from Mexico, Colombia, Ecuador, and Brazil were approved in the fiscal year 2024, while applicants from Venezuela and Cuba experienced approval rates of 64.5% and 51.6% respectively. Understanding these patterns allows immigration law firms to better advise clients on what to expect—ensuring they can prepare strong cases that align with current trends.
Asylum cases face substantial backlogs in U.S. immigration courts. The immigration court backlog is currently (as of the publish date of this article) at over 3 million cases which is an indication that many applicants may wait years for their hearing. These ongoing delays emphasize the need for efficient case management tools. Immigration law firms that adopt streamlined solutions help clients navigate longer wait times with greater clarity, ensuring that essential forms—such as Form I-589—are completed accurately and submitted as early as possible.
With Donald Trump beginning his second term as president on January 20, 2025, potential shifts in asylum policies could further impact Form I-589 applicants. Based on prior actions and recent statements, the following changes are anticipated:
Recent policy changes and political developments have significantly influenced the asylum landscape in the United States—directly affecting asylum seekers and their eligibility to file form I-589.
Several key policy shifts have altered how asylum applications are processed and adjudicated:
These changes have led to reduced eligibility, longer processing times, and limited access to asylum benefits. To navigate this complex and evolving environment, immigration lawyers must stay organized and informed. Case management software, such as Docketwise, is essential for maintaining consistency and efficiency amid shifting policies. It helps lawyers manage case documentation, track deadlines, and stay updated on the latest legal requirements—ensuring they provide the best possible representation for their clients.
With careful preparation and organization, immigration law firms can help clients strengthen their cases, increase efficiency, and improve overall outcomes.
Gathering a wide range of credible evidence helps create a cohesive, well-supported narrative that adjudicators can easily follow.
Work with clients to develop a clear, fact-based story. Detail who caused harm, when it happened, and why the applicant fears returning. This narrative should align with the submitted evidence, highlighting specific incidents, responsible parties, and the nature of any ongoing threats.
Even minor errors—such as misspelled names, inconsistent dates, or incomplete fields—can undermine credibility. Carefully review all information before filing. If documents are in a non-English language, include certified translations. Resolve any discrepancies in advance so the applicant’s testimony remains trustworthy during interviews.
Maintain all application materials in a secure, easily accessible system. Responding promptly to requests from U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR) can make a significant difference in the case’s progress. For immigration lawyers who want to ensure everything runs smoothly, good case management can help them manage deadlines, track documents, and streamline client communication.
Docketwise's Smart Forms functionality automates preparation for Form I-589 by auto-filling client data from tailored questionnaires, which reduces manual input. It also provides reminders to clients to help them meet critical asylum deadlines, and secure messaging to ensure. efficient communication. This ultimately saves time and energy for both lawyers and clients.
Docketwise is also a comprehensive case management software tailored for immigration lawyers. Here are a few ways that Docketwise can help simplify the immigration forms process, improve document management, and enhance client communication:
Experience how these features can uniquely benefit your immigration firm and boost efficiency by, booking a demo today.