[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR208.3]



[Page 140-141]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 208_PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL--Table of 

Contents

 

               Subpart A_Asylum and Withholding of Removal

 

Sec. 208.3  Form of application.



    (a) 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.

    (b) An asylum application shall be deemed to constitute at the same 

time



[[Page 141]]



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 that does not include a response to each 

of the questions contained in the Form I-589, is unsigned, or is 

unaccompanied by the required materials specified in paragraph (a) of 

this section is incomplete. The filing of an incomplete application 

shall not commence the 150-day period after which the applicant may file 

an application for employment authorization in accordance with Sec. 

208.7. An application that is incomplete shall be returned by mail 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 shall be deemed complete. An 

application returned to the applicant as incomplete shall be resubmitted 

by the applicant with the additional information 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; and

    (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 Sec. 208.20.



[62 FR 10337, Mar. 6, 1997, as amended at 65 FR 76131, Dec. 6, 2000]