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Jason Dzubow on Political Asylum

The Most Important Question on the I-589 Asylum Form

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If you're reading this blog, you're probably already familiar with the form I-589, Application for Asylum and Withholding of Removal. Whether your case is in Immigration Court or the Asylum Office, this is the form that you use to apply for asylum, withholding of removal under INA § 241(b)(3), and relief under the United Nations Convention Against Torture.
"You should have listed all your names on the immigration form, Superman. Or should I say, Clark Kent, Kal El, or Man of Steel?"


At the beginning of the asylum interview or the court case, the applicant has an opportunity to make corrections to the I-589. It's not a problem to make corrections, and generally, correcting errors on the original form does not reduce the likelihood that the application will be granted. In the worst case, the applicant will need to explain the mistake(s), but even this is fairly rare.


You might think that the most important questions on the I-589 are the ones on page 5 related to why you need asylum. It makes sense, since that is the whole point of the form. But, au contraire, in asylum world, things that make sense are rarely the correct answer. The questions about asylum are generally easy to answer on the form, and you have ample opportunity to elaborate on your answer in an affidavit or at the interview.


So what is the most important question on the form? It's the question that appears on page 1, near the very beginning of the form, in Part A.I., question 6: "What other names have you used (include maiden name and aliases)?" What's so important about this question, you ask. I will endeavor to explain. But first, a bit of background.


Every asylum applicant must undergo a background check. The check is a bit of a mystery, but it involves a biometrics check and a name check. The background check also involves multiple data bases, and it can be quite time consuming--some people wait years for the completion of their checks. Theoretically--and hopefully--the background check will be completed before the interview or the court case. That way, the applicant can receive a decision shortly after being interviewed. If the check is not complete, or if new information arises at the interview and the check must be augmented, the case will be delayed--possibly for a very long time.


In my office, for example, we have dozens of clients who have been interviewed, but are still waiting for decisions in their cases. Some have been waiting for weeks or months; the longest delayed applicants have been waiting over two years! Most of these delays seem to be because the security background checks are not complete. For people who are single, or whose spouse and children are with them in the United States, the wait may be tolerable (stressful and unpleasant, but tolerable). For people who are separated from their spouse and children, the wait is horrific. How can a mother or father be apart from small children for months or years? Yet this is what many applicants are enduring today.


Which brings us back to the question about "other names used." If you fail to include every name you have used in your life, the Asylum Office may have to start the security background check all over again for any names that you add to the form during your asylum interview or your court case. So while it is not a problem to correct this question, adding a new name to the form could cause months (or more) of delay. For this reason, it is important to include any and all names you have used when you first submit the form.


Your name on the I-589 (Part A.I., questions 3, 4, and 5) is generally your name as it appears on your passport. So what "other names" should be listed on the form? You should include the name on your U.S. visa, including the notorious "FNU" or "first name unknown," which often appears on US visas for people who have only one name. If you have a maiden name, include that. Also, list any different spellings of your name that you (or others) have used. If you have nicknames, pseudonyms or aliases, list those too. Of course, if you have ever changed your name, list all previous names you have used. If you ever list your name as "son of" or "daughter of," include that. Finally, different countries and cultures have different naming conventions. Sometimes, a person's name is the given name, followed by the father and grandfather's name, or a tribal name. You should list all iterations of your name.


It is important to answer all questions on the I-589 form as completely and as accurately as possible. But the question about "other names used" is particularly important. If you forget to include all the names you have used, it could cause additional long delays in your case. To paraphrase the immortal Dr. Seuss, "Be your name Buxbaum or Bixby or Bray, or Mordecai Ali Van Allen O'Shea, make sure to include all your names on the I-589 form. Then you'll be off to great places. So, get on your way!"

Originally posted on the Asylumist: www.Asylumist.com.

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