Do I file with USCIS or with the immigration court?
It depends on whether you are in proceedings today, not on whether you have received papers. USCIS says that if EOIR's hotline, 800-898-7180, or its online case system shows your name and a next hearing date, your Notice to Appear has been filed and you must file with EOIR. That is called defensive asylum. The form goes to the court handling your case; USCIS warns that if you send it elsewhere, EOIR will reject it. If you are not currently in proceedings, you may file an affirmative application with USCIS. That includes people whose proceedings were dismissed or terminated and people whose Notice to Appear was never filed with EOIR, but USCIS requires both groups to file by mail, not online, at the address its page lists for them. A person who is, or was determined to be, an unaccompanied child may file with USCIS even while in removal proceedings. Our guide to finding your court and hearing date shows how to check. Do the check on the day you plan to file, because your status can change between mailing and arrival.
What do I pay, and what happens if I do not pay?
As of October 30, 2026, EOIR lists a $100 initial fee for Form I-589 and says no waiver or reduction is allowed. In court cases you pay through the EOIR Payment Portal before filing, and the instructions say an unpaid application will not be accepted. Do not send payment proof to USCIS. A second fee follows: the Annual Asylum Fee, which EOIR lists at $105, also with no waiver, for applications pending a year or more. In court cases the judge or the Board issues a written order about it. In July 2026 the Board held that missing the judge's payment deadline should lead to pretermission or abandonment of asylum, but that the consequence does not reach withholding or torture protection. For cases at USCIS, the agency sends a notice, says to pay within 30 days, and cannot approve asylum while the fee is payable. USCIS applicants should confirm the initial fee on Form G-1055.
What gets the form rejected or treated as abandoned?
Under 8 C.F.R. § 1208.3(c)(3), an immigration court must reject an application that skips a required question, is unsigned, lacks required materials or lacks proof of payment. You then have 30 days from the rejection to fix and refile it. If you do not, absent exceptional circumstances, the application is treated as abandoned. The Board said in 2025 that a judge need not reach the merits of an incomplete form, but that a missing personal declaration alone does not make the form incomplete. USCIS lists edition 07/28/26 as of this writing and warns that mixing pages from different editions can get a form rejected. Write in English, including explanations. USCIS posts a Russian version for reading only and will not accept it. Every document in Russian needs a full English translation with the translator's signed certification of accuracy and competence. If you do not understand a question, ask a lawyer before answering, and do not guess: you sign under penalty of perjury. If a question does not apply to you or you do not know the information, the instructions say to answer "none," "not applicable" or "unknown."
How does the one-year deadline apply to this form?
The year runs from your last arrival in the United States, not from your first entry or from the date on your Notice to Appear. In court cases, the form counts as filed on the day the court receives it, so mailing it on the last day is not enough. At USCIS, clear and convincing documentary proof that you mailed it within the year makes the mailing date the filing date. If the last day is a Saturday, Sunday or legal holiday, the period runs to the next day that is not. Ms. L. settlement class members have special accommodations; include proof of membership. Missing biometrics do not stop the filing date. The one-year bar applies only to asylum, and by regulation an asylum application is also an application for withholding of removal, which has no such deadline. Exceptions exist for changed or extraordinary circumstances, but you must file within a reasonable period. The listed examples include serious illness, ineffective counsel, and having held lawful status, parole or Temporary Protected Status until a reasonable period before filing. The regulation does not define that period in days, so people whose parole has just ended should not assume they have time.
What does my signature mean, and where do I not sign yet?
Sign Part D. Do not sign Part G before filing, because you sign that part at the hearing before the judge. You sign under penalty of perjury, and the regulation presumes you know what the form says, so have every page read back to you in Russian before signing. Anyone who helped prepare it, other than your spouse, parent or child, must also sign and give a mailing address. Knowingly filing a frivolous application makes a person permanently ineligible for benefits under the Act. The I-589 instructions define this as deliberately fabricating a material element. The regulation also prints a broader 2020 test for applications filed on or after January 11, 2021: false or fabricated evidence, a filing without regard to the merits, or a claim clearly foreclosed by law. A federal court enjoined that rule in January 2021, and plaintiffs' counsel reports the injunction remains in place. Ask a lawyer which test applies. In January 2026 the Board held that the written warning on the form itself was enough notice of that consequence, even without an oral warning from a judge. Statements on the form may also be used to start or prove a removal case.
How do I include my spouse and children?
List your spouse and all children on the form, wherever they are. You may include in your request a spouse and unmarried children under 21 who are in the United States. The regulation requires one additional copy of the principal's I-589 for each dependent included, and the instructions ask for proof of each relationship, such as a marriage or birth certificate. Children who are 21 or older, or married, must file their own applications. The difference matters more than people expect: asylum can extend to a spouse and child, but the instructions state that withholding of removal does not, so a relative who wins only through you may have no protection if you receive only withholding. A family member's fear of harm in their own right is worth a separate application. A child turning 21, or a divorce, can also start a new filing issue. Ask a lawyer before either happens, because the regulation treats that loss of relationship as a changed circumstance with a reasonable-period limit.
What must I do after filing in court?
Serve a complete copy on the local ICE attorney's office, known as OPLA, and do not send a copy to USCIS. The instructions, revised September 30, 2026, say you will be told at a master calendar hearing or otherwise if biometrics are needed. If you were told they are needed and no appointment notice arrives within three months of filing, or your merits hearing is within six months, call USCIS at 800-375-5283. Report any move to the court on Form EOIR-33 within 5 days and serve a copy on OPLA. The I-589 instructions also require a separate notice to USCIS on Form AR-11 within 10 days. Do not travel without advice: leaving without advance parole is presumed to abandon the application, and in October 2026 the Board held that returning to the country you fear under advance parole abandons asylum, withholding and torture claims unless you show compelling reasons. Corrections to your declaration should be filed early, as our merits hearing guide explains.
When should a lawyer see the form?
Before you sign, and ideally before you write the narrative. In 2025 and 2026 the Board confirmed that a judge may end an application without a full hearing if the facts in the form do not show eligibility, so what you write in Part B is no longer only a starting point. A lawyer can check whether the facts fit a protected ground, whether a bar applies, and whether withholding or torture protection should be argued alongside asylum. Our asylum practice page describes the work. Anna Tsibel, Ace Immigration's attorney, speaks Russian, is licensed by the California bar and can go through your narrative with you in Russian before you sign. To have her review your situation, request a consultation and have your A-number, your arrival date and any court papers ready.