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Application for Asylum and Withholding of Removal

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Application for Suspension of Deportation (Form EOIR-40)

U.S. Department of Justice
Executive Office for Immigration Review
OMB #1125-0025

Please use a separate sheet for additional entries. Please type or print.

PART 1 - INFORMATION ABOUT YOURSELF

1) My legal name is:

2) Alien Registration Number:

3) My name given at birth was:

4) Birth Place:

5) Date of Birth:

6) Gender:

7) Height: 8) Hair Color: 9) Eye Color:

10) Current Nationality & Citizenship:

11) Social Security Number:

12) Home Phone Number: 13) Work Phone Number:

14) I currently reside at:

15) I have been known by these additional name(s):

16) During the last 10 years, I resided in the following locations in the United States:

Street and Number - Apt. or Room# - City or Town - State - ZIP Code | Resided From | Resided To

17) Please state the basis for your claim that your deportation would result in extreme hardship:

Family member hardship categories:

PART 3 - INFORMATION ABOUT YOUR PRESENCE IN THE UNITED STATES

18) I first entered the United States under the name of:

19) I first entered the United States on:

20) Place or port of first entry:

21) I entered:

Explain other:

22) Period for which admitted: to

23) My last extension of stay in the United States expired on:

24) If not inspected or if entry occurred at other than a regular port, describe the circumstances:

25) Since the date of my first entry I departed from and returned to the United States:

If you have never departed from the United States since your original date of entry, mark an X in the box:

26) Have you ever departed the United States:

a) under an order of deportation?

b) pursuant to a grant of voluntary departure?

PART 4 - INFORMATION ABOUT YOUR MARITAL STATUS AND SPOUSE

27) I am not married: I am married:

28) If married, the name of my spouse is:

29) Date of marriage:

30) The marriage took place in:

31) Birth place of spouse:

32) My spouse currently resides at:

33) Birth date of spouse:

34) My spouse is a citizen of:

35) If your spouse is other than a native born United States citizen, answer the following:

36) My spouse is employed:

37) I have been previously married:

38) My present spouse has been previously married:

39) Have you been ordered by any court, or are otherwise under any legal obligation, to provide child support and/or spousal maintenance?

PART 5 - INFORMATION ABOUT YOUR EMPLOYMENT AND FINANCIAL STATUS

40) Since my entry into the United States, I have been employed by the following named persons or firms:

41) If self-employed, describe the nature of the business, the name of the business, its address, and net income derived therefrom:

42) My assets (and if married, my spouse's assets) are:

Self

Cash, Stocks, and Bonds:

Real Estate:

Automobile:

Other:

Total:

Jointly Owned with Spouse

Cash, Stocks, and Bonds:

Real Estate:

Automobile:

Other:

Total:

43) I have received public or private relief or assistance:

44) Years in which you have filed an income tax return:

PART 6 - INFORMATION ABOUT YOUR FAMILY

45) I have children.

46) If your application is denied, would your spouse and all of your children accompany you to your:

Country of Birth Yes No, Country of Nationality Yes No, and/or Country of Last Residence Yes No.

47) Members of my family have received public or private relief or assistance:

48) Please give the requested information about your parents, brothers, sisters, aunts, uncles, and grandparents:

49) If based on hardship to a parent or parents, give the date and place of arrival in the United States and details of admission:

50) My father employed:

51) My mother employed:

52) My parent's assets are:

Assets of father

Cash, Stocks, and Bonds:

Real Estate:

Automobile:

Other:

Total:

Assets of mother

Cash, Stocks, and Bonds:

Real Estate:

Automobile:

Other:

Total:

PART 7 - MISCELLANEOUS INFORMATION

53) I have acquired the status of an exchange alien after entry into the United States:

54) I have submitted address reports as required by section 265:

55) I have ever been arrested, summoned into court, convicted, fined, imprisoned, placed on probation, or forfeited collateral:

56) Have you ever served in the Armed Forces of the United States?

57) Have you ever left the United States or the jurisdiction of the district where you registered for the draft to avoid being drafted?

58) Have you ever deserted from the military or naval forces of the United States while the United States was at war?

59) If male, did you register under the Selective Service (Draft) Law?

60) Were you ever exempted from service because of conscientious objection, alienage, or any other reason?

61) Membership in political organizations and similar groups since your 16th birthday:

62) Have you ever been ordered deported, overstayed voluntary departure, or failed to appear for deportation?

63) Have you ever been a habitual drinker, illegal gambler, false witness, prostitute, polygamist, aided illegal entry, or controlled substance trafficker?

64) I can arrange a trip outside the United States to obtain an immigrant visa:

65) Certificates or other supporting documents attached:

Signature of Applicant

Date:

Certificate of Service

I hereby certify that a copy of the foregoing was:

On:

To:

Address:

Signature of Applicant (or attorney or representative)

Immigration Judge Use Only

Subscribed and sworn to before me by the above-named applicant at:

Immigration Judge

Date:

Enter text✕

What the Application for Asylum and Withholding of Removal Is

The Application for Asylum and Withholding of Removal (commonly filed on Form I-589) is a federal immigration filing used by noncitizens in the United States to request protection from persecution or removal. The application requires biographic data, a detailed statement of facts explaining the basis for asylum, and supporting evidence such as identity documents, affidavits, medical or police records, and country condition reports. The form is submitted to U.S. Citizenship and Immigration Services or presented in immigration court; accuracy and timely submission preserve eligibility and support adjudication.

Why Completing This Application Matters

Filing the Application for Asylum and Withholding of Removal formally initiates consideration for asylum protections, creates an official record of the claim, and triggers interviews or hearings. A clear, complete filing supports credibility and ensures the applicant’s case is placed on the appropriate administrative or judicial track.

Why Completing This Application Matters

Who Typically Prepares and Files This Application

Representatives must be authorized under immigration rules; applicants often consult counsel to evaluate relief options and potential deadlines.

  • Asylum seekers filing within one year of arrival or demonstrating an exception.
  • Immigration attorneys preparing detailed narratives and assembling corroborating evidence for filings.
  • Nonprofit legal clinics and accredited reps supporting vulnerable populations with documentation.

Step-by-Step: Prepare and Submit Your Application

Follow these steps to prepare, review, and submit the asylum application to USCIS or present it in immigration court.

  • 01
    Gather Documents: Collect IDs, declarations, and corroborating evidence.
  • 02
    Draft Statement: Write a chronological, fact-based narrative describing persecution.
  • 03
    Complete Form: Enter all fields accurately and attach exhibits.
  • 04
    Submit: File with USCIS or submit at the hearing as instructed.

Configuring an Online Submission Workflow

Configure an online workflow to collect signatures, attach evidence, and preserve an audit trail for administrative or court review.

Field Configuration
Document Uploads Allow multi-file PDF uploads and attach certified translations as separate exhibits.
Authentication Offer email link or SMS code; consider stronger identity verification for sensitive cases.
Signature Type Support typed and drawn signatures and capture timestamps for evidence.
Retention Export signed package and audit trail as a preserved PDF for records.

Technical Considerations for eSubmission and eSignatures

Platforms should encrypt data in transit (TLS 1.2/1.3) and at rest (AES-256), provide an audit trail with timestamps and IP addresses, and offer HIPAA/BaA availability when handling health or sensitive information.

  • File Formats: PDF and DOCX support required
  • Integrations: Connectors for cloud storage and case management streamline evidence assembly
  • Authentication: Email, SMS, or knowledge-based options available

Where to Send or Submit the Completed Application

This overview shows where to send completed applications and how USCIS or immigration court processes submissions.

  • USCIS Filing: Mail or e-file as permitted; follow the form instructions.
  • Asylum Office: File to the local asylum office if instructed by USCIS.
  • Immigration Court: Submit with a notice to the judge when in removal proceedings.
  • Record Keeping: Retain a copy and proof of mailing or electronic receipt.

Key Deadlines and Timing Expectations

Key deadlines and timing expectations for asylum applicants and the associated adjudication process are shown below.

One-Year Filing Rule:

Generally file within one year of arrival to remain eligible.

Interview Scheduling:

USCIS schedules asylum interviews months after filing in many cases.

Request for Evidence:

Respond promptly within the time specified to avoid delays.

Appeals and Motions:

Deadlines vary by court; follow federal and immigration rules closely.

Biometrics / Documents:

Provide requested biometrics or original documents when required by USCIS.

Major Processing Milestones From Filing to Decision

Sequence of major processing stages from filing through final decision or referral to immigration court.

01

Submission

File the completed application with USCIS or present it at intake.

02

Initial Review

USCIS screens for completeness and jurisdiction before scheduling interview.

03

Merits Interview

Adjudicator conducts an interview to evaluate credibility and evidence.

04

Decision / Referral

Grant, denial, or referral to removal proceedings follows based on findings.

Common Pitfalls to Avoid When Preparing the Application

  • Incomplete or inconsistent biographical information leads to Requests for Evidence and prolongs adjudication; ensure names, dates, and A-number match supporting documents.
  • Vague or unspecific factual statements weaken credibility; provide dates, locations, names of actors, and corroborating exhibits for each claimed incident.
  • Missing translations for non-English evidence can cause exclusion of documents; include certified translations with originals for all foreign-language materials.
  • Failing to retain proof of submission or service (mail receipts, e-file confirmations) complicates appeals and judicial review; keep copies and delivery records.

Consequences and Risks of Errors or Late Filings

Late Filing: May bar asylum eligibility.
Withholding Scope: Different legal standard applies.
Misrepresentation: Possible immigration penalties and inadmissibility.
Evidence Loss: Weakened credibility and denied relief.
Procedural Dismissal: Form errors can result in dismissal.
Appeal Burden: Increased litigation and counsel costs.

Two Illustrative Filing Scenarios

Two brief case examples illustrate common submission scenarios, typical evidence mixes, and how representation affects review.

Affirmative Filing

A recent asylum applicant filed an affirmative application within months of arrival, providing a detailed personal declaration and country reports to corroborate the claim.

  • An accredited representative submitted supplemental affidavits.
  • USCIS scheduled an interview, requested limited additional evidence, and ultimately found the claimant credible on key points; retaining originals and certified translations shortened adjudication and reduced follow-up requests.

Defensive Filing

An individual in removal proceedings submitted the application defensively to immigration court with detailed eyewitness testimony and medical records documenting past persecution.

  • The judge accepted additional corroborating evidence.
  • The court considered the timely defensive filing alongside expert testimony; thorough documentation and preserved submission records limited procedural disputes and supported a clearer appellate record when appeals were necessary.

eSignature Vendor Comparison for Form Preparation and Submission

Comparison of common eSignature vendors for filing or sharing immigration forms; signNow appears first per platform guidance.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Limited
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the Application for Asylum and Withholding of Removal

Answers to frequent questions about filing the asylum application, electronic submissions, and common procedural issues encountered by applicants and representatives.


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