C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 208—PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL › Subpart A—Asylum and Withholding of Removal

8 C.F.R. § 208.3

Form of application

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(a)(1) Except for applicants described in paragraph (a)(2) of this section, an asylum applicant must file Form I-589, Application for Asylum and for Withholding of Removal, together with any additional supporting evidence in accordance with the instructions on the form. The applicant's spouse and children shall be listed on the application and may be included in the request for asylum if they are in the United States. One additional copy of the principal applicant's Form I-589 must be submitted for each dependent included in the principal's application.

(2) For asylum applicants, other than stowaways, who are awaiting further consideration of an asylum application pursuant to section 235(b)(1)(B)(ii) of the Act following a positive credible fear determination, the written record of a positive credible fear finding issued in accordance with § 208.30(f) or 8 CFR 1003.42 or 1208.30 satisfies the application filing requirements in paragraph (a)(1) of this section for purposes of consideration by USCIS pursuant to the jurisdiction provided at § 208.2(a)(1)(ii). The written record of the positive credible fear determination shall be considered a complete asylum application for purposes of §§ 208.4(a), 208.7, and 208.9(a); shall not be subject to the requirements of 8 CFR 103.2; and shall be subject to the conditions and consequences in paragraph (c) of this section upon signature at the asylum interview. The date that the positive credible fear determination is served on the alien shall be considered the date of filing and receipt. Application information collected electronically will be preserved in its native format. The applicant's spouse and children may be included in the request for asylum only if they were included in the credible fear determination pursuant to § 208.30(c), or also presently have an application for asylum pending adjudication with USCIS pursuant to § 208.2(a)(1)(ii). If USCIS does not grant the applicant's asylum application after an interview conducted in accordance with § 208.9 and if a spouse or child who was included in the request for asylum does not separately file an asylum application that is adjudicated by USCIS, the application will also be deemed to satisfy the application filing requirements of 8 CFR 1208.4(b) for a spouse or child who was included in the request for asylum. The biometrics captured during expedited removal for the principal applicant and any dependents may be used to verify identity and for criminal and other background checks for purposes of an asylum application under the jurisdiction of USCIS pursuant to § 208.2(a)(1) and any subsequent immigration benefit.

(b) An asylum application shall be deemed to constitute at the same time an application for withholding of removal, unless adjudicated in deportation or exclusion proceedings commenced prior to April 1, 1997. In such instances, the asylum application shall be deemed to constitute an application for withholding of deportation under section 243(h) of the Act, as that section existed prior to April 1, 1997. Where a determination is made that an applicant is ineligible to apply for asylum under section 208(a)(2) of the Act, an asylum application shall be construed as an application for withholding of removal.

(c) Form I-589 shall be filed under the following conditions and shall have the following consequences:

(1) If the application was filed on or after January 4, 1995, information provided in the application may be used as a basis for the initiation of removal proceedings, or to satisfy any burden of proof in exclusion, deportation, or removal proceedings;

(2) The applicant and anyone other than a spouse, parent, son, or daughter of the applicant who assists the applicant in preparing the application must sign the application under penalty of perjury. The applicant's signature establishes a presumption that the applicant is aware of the contents of the application. A person other than a relative specified in this paragraph who assists the applicant in preparing the application also must provide his or her full mailing address;

(3) An asylum application must be signed and include a response to each of the questions contained in the application, the materials required by paragraph (a)(1) of this section, and any required fee; otherwise, it will be deemed an incomplete filing. An incomplete application will be rejected and will:

(i) Not commence the period after which the applicant may file an application for employment authorization in accordance with § 208.7;

(ii) Be returned by mail (if the request is filed on paper) to the applicant within 30 days of the receipt of the application by the Service. If the Service has not mailed the incomplete application back to the applicant within 30 days, it will be deemed complete; and

(iii) Be resubmitted by the applicant as a complete application if he or she wishes to have the application considered;

(4) Knowing placement of false information on the application may subject the person placing that information on the application to criminal penalties under title 18 of the United States Code and to civil or criminal penalties under section 274C of the Act;

(5) Knowingly filing a frivolous application on or after April 1, 1997, so long as the applicant has received the notice required by section 208(d)(4) of the Act, shall render the applicant permanently ineligible for any benefits under the Act pursuant to § 208.20; and

(6) If an applicant does not pay the annual asylum fee required by § 106.2(c)(15) of this chapter within 30 days of the fee notice date, the application will be rejected and this paragraph (c) shall not apply.

[62 FR 10337, Mar. 6, 1997, as amended at 65 FR 76131, Dec. 6, 2000; 85 FR 38626, June 26, 2020; 87 FR 18216, Mar. 29, 2022; 87 FR 57797, Sept. 22, 2022; 91 FR 22972, Apr. 29, 2026]
Notes of Decisions
Cited in 229 cases (12 in the last 5 years), 1980–2026 · leading case: Immigr. & Naturalization Serv. v. Doherty, 502 U.S. 314 (1992).
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Immigr. & Naturalization Serv. v. Doherty, 502 U.S. 314 (1992). · cites it 4× “He initially responded to this order (and to the United Kingdom's simultaneous efforts to obtain extradition) by requesting asylum, and under 8 CFR § 208.3 (b) (1983), this request was also treated as an application for withholding of deportation under § 243(h) of the INA.”
Zhi Wei Pang v. Bureau of Citizenship & Immigr. Servs., 448 F.3d 102 (2d Cir. 2006). · cites it 5× “8 C.F.R. § 208.3 (c)(2). The regulation further provides that the “applicant’s signature establishes a presumption that the applicant is aware of the contents of the application.”
Yuen Jin v. Mukasey, 538 F.3d 143 (2d Cir. 2008). · cites it 2× “" 8 C.F.R. § 208.3 (b). Any BIA policy restricting the ability to apply for asylum will therefore also implicate withholding of removal, a form of relief that carries due process protection.”
Javier Lopez-Urenda v. John Ashcroft, Attorney Gen., 345 F.3d 788 (9th Cir. 2003). · cites it 3× “” 8 C.F.R. § 208.3 (c)(2) (re *795 pealed 1997).”
Giuli Ivanishvili v. United States Dep't of Just. & Attorney Gen. Gonzales, 433 F.3d 332 (2d Cir. 2006). “” 8 C.F.R. § 208.3 (b). To qualify for withholding, the applicant must establish that her “life or freedom would be threatened in [the] country [of removal]” on the basis of one of five statutory grounds, “race, religion, nationality, membership in a particular social group, or…”
Espectacion Bolanos-Hernandez v. Immigr. & Naturalization Serv., 767 F.2d 1277 (9th Cir. 1985). · cites it 2× “When an alien fears political persecution and seeks, on that ground, to block deportation proceedings, the INS provides him with a form entitled “Request for Asylum in the United States.” Requests for asylum under section 208(a), when made after the initiation of deportation…”
Syed Zaidi v. John D. Ashcroft, Attorney Gen. of the United States of Am., 377 F.3d 678 (7th Cir. 2004). · cites it 2× “Zaidi was still eligible for withholding of removal, see 8 C.F.R. § 208.3 (b), the IJ concluded that, although he found no inaccuracies or inconsistencies in Mr.”
Orantes-Hernandez v. Smith, 541 F. Supp. 351 (C.D. Cal. 1982). · cites it 3× “See 8 C.F.R. § 208.3 (b) (1981). Congress in the Refugee Act specifically amended the “withholding of deportation” provision to prohibit the deportation of any alien “if the Attorney General determines that such alien’s life or freedom would be threatened in such country on…”
Immigr. & Naturalization Serv. v. Abudu, 485 U.S. 94 (1988). “shall also be considered as requests for withholding exclusion or deportation pursuant to section 243(h) of the Act,” 8 CFR § 208.3 (b) (1987); since, normally, “the relevant evidence will be identical on both claims,” 802 F.”
Ud Din v. Garland, 72 F.4th 411 (2d Cir. 2023). “2006) (holding that when alien “challenges the accuracy of the contents of his I-589 application that was signed under penalty of perjury, the IJ must evaluate the petitioner’s explanations and determine whether the presumption of 8 C.F.R. § 208.3 (c)(2) has been rebutted”);…”
Immigr. & Naturalization Serv. v. Stevic, 467 U.S. 407 (1984). “8 CFR § 208.3 (b) (1983) (emphasis supplied).”
Nabil Raja Dandan, Ketty Dandan, Souzi Dandan, A.K.A. Souzy Dandan, Sandra Dandan, & Raja Nabil Dandan v. John Ashcroft, Attorney Gen., 339 F.3d 567 (7th Cir. 2003). “Pursuant to 8 C.F.R. § 208.3 (b), Dandaris asylum application also served as an application for withholding of removal.”
Show all 229 citing cases →
— 8 C.F.R. § 208.3(3) — 1 case
Ramirez-rivero, 18 I. & N. Dec. 135 (BIA 1981).
— 8 C.F.R. § 208.3(6) — 2 cases
Exame, 18 I. & N. Dec. 303 (BIA 1982).
Saban, 18 I. & N. Dec. 70 (BIA 1981).
— 8 C.F.R. § 208.3(a) — 2 cases
Jorgji v. Mukasey, 514 F.3d 53 (1st Cir. 2008).
Jorgji v. Gonzales (1st Cir. 2008).
— 8 C.F.R. § 208.3(a)(2) — 1 case
Dea, 18 I. & N. Dec. 269 (BIA 1982).
— 8 C.F.R. § 208.3(b) — 16 cases
Seyed Mohammad Samimi v. Immigr. & Naturalization Serv., 714 F.2d 992 (9th Cir. 1983).
Salim, 18 I. & N. Dec. 311 (BIA 1982).
Jose Rigoberto Bernal-Garcia v. Immigr. & Naturalization Serv., 852 F.2d 144 (5th Cir. 1988).
Martinez-romero, 18 I. & N. Dec. 75 (BIA 1981).
Edmond v. Nelson, 575 F. Supp. 532 (E.D. La. 1983).
— 8 C.F.R. § 208.3(h) — 2 cases
Lam, 18 I. & N. Dec. 15 (BIA 1981).
Ballester-garcia, 17 I. & N. Dec. 592 (BIA 1980).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.