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Preparing Persuasive Documents for Your Asylum Application

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By Dagmar R. Myslinska (/Law-Authors/Dagmar-R-Myslinska.Html)

Everyone applying for asylum must le Form I-589, Application for Asylum and
Withholding of Removal. This can be done either on your own initiative as described in
How To Prepare an Armative Asylum Application (http://www.nolo.com/legalencyclopedia/how-prepare-armative-asylum-application.html); or as a defensive move
after you have been placed into removal proceedings, as described in "How to Prepare an
Asylum Application in Removal Proceedings (http://www.nolo.com/legalencyclopedia/how-prepare-asylum-application-removal-proceedings.html)."
In either case, however, the Form I-589 is just the beginning of your efforts to prove that
you merit a grant of political asylum. Preparing persuasive documentation in support of
your request will be critical.

The Purpose of Providing Supporting Documents

In order to do prepare persuasive supporting materials, you rst need to understand what
factors are important to an Asylum Ocer of Immigration Judge reviewing your
application. These include the following:
1.Strength of your legal claim:You must meet the legal denition of a refugee by
showing that you cannot return to your home because you had been persecuted (or
because you fear future persecution) there on account of a protected ground for details,
see Asylum or Refugee Status: Who Is Eligible? (http://www.nolo.com/legalencyclopedia/asylum-or-refugee-status-who-32298.html)" and Chances of Winning a
Grant of Asylum (http://www.nolo.com/legal-encyclopedia/chances-winning-grantasylum.html).
2.No bars apply to you:Certain bars automatically prevent people from obtaining any
form of immigration relief, while others make you ineligible for asylum only. For detailed
information, see Bars to Receiving Asylum or Refugee Status (http://www.nolo.com/legalhttp://www.nolo.com/legalencyclopedia/preparingpersuasivedocumentsyourasylumapplication.html

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encyclopedia/barred-from-refugee-asylum-32300.html) and Can I Apply for Asylum With

a Criminal Record? (http://www.nolo.com/legal-encyclopedia/can-i-apply-asylum-withcriminal-record.html).
3.Your credibility:USCIS or the Immigration Judge must nd you credible. that is, your
story must be believable, and consistent with both (1) all your prior statements, and (2)
external, supplementary documentation.
Including persuasive supporting documents with your Form I-589 can strengthen your
legal claim to asylum, explain why no bars apply to you, and improve your credibility.

Choosing Appropriate Documentation

Make sure to include only documents that are relevant and helpful to your asylum claim,
and preferably are from believable sources. Focus on quality, not quantity. All the
documents must be consistent with your personal story. Documents from ocial sources
or reputable witnesses are more convincing -- for example, government reports or
statements from experts.
You donotneed to include numerous documents to prove just one point, unless of course
(1) that point is critical to your chances of winning asylum,and(2) no single piece of
supplementary documentation is very convincing. For example, if the U.S. government
attorney is arguing that the rm resettlement bar applies to you, and you are trying to
prove otherwise, you should include several letters or declarations from witnesses who
can address that. Here is an overview of how to prepare different types of supporting
documents.

How to Write a Strong Personal Statement

Because Form I-589 provides you with limited space to give your answers, you should
attach a separate statement. Your written statement (declaration) should explain in detail
why you left your home country, and why you are afraid to return there. Be sure to provide
information about your race, nationality, ethnicity, religion, tribal and clan membership, or
political aliations, especially if you are applying for asylum due to having been hurt or
threatened because of one of those factors. Your statement should help the Asylum
Ocer (or the Immigration Judge) better understand why you are applying for asylum.
Describe specic incidents and dates, and include as much detail as you can remember.
Do not simply write general statements. If you cannot remember an exact date, state that
you are estimating it. Focus on your persecution and/or fear of future persecution. Also
discuss your family and close friends if they have been persecuted.

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Your declaration may be several pages long, depending on how many facts are relevant
to your asylum claim. The more detailed, relevent facts you are able to include, the
stronger your application will be.

What Personal Documents to Include

Attaching personal documents will make your application stronger, especially documents
that show: (1) your identity, (2) membership in any relevant groups on account of which
you had been persecuted, and (3) evidence of your persecution.
To show your identity, include a copy of your passport, or other ocial documents such as
your birth certicate, national identity card, or drivers license. TheU.S.government
expects that you can prove your identity, so make sure to provide some documentation.
If possible, make sure to attach documents showing your membership in any group on
account of which you claim persecution (for example, membership cards in political or
religious groups).
If available, also include materials that conrm what had happened to you in your home
country, such as: photographs that show how you were harmed; threatening letters; or
police or medical reports referring to the harm you had sustained.
Do NOT submit original versions of any of these documents. USCIS will probably never
return them. Instead, submit copies of documents with your application, and bring all
original documents to your asylum interview (or to Immigration Court).
You can still obtain asylum if you donothave personal documents, as long as you are
credible. The U.S. government acknowledges that many asylum applicants ed their
countries without any documentation, have lost all documentation because of upheaval in
their home countries, and do not have anyone in their home countries who can send such
documents to them. Try your best to obtain at least some of these personal documents. If
you do have them sent to you, save all evidence showing how you had obtained them
(such as envelopes, fax transmittal letters, or cover letters that came with your supporting
documents).

Types of Witness and Expert Statements to Attach

You can provide several different types of statements (adavits, declarations, or letters) to
support your claim. They can come from several sources: (1) fact witnesses, such as
friends and family who had seen how you were persecuted (or at least saw the effects it
had on you); (2) a medical and/or a psychological expert who evaluated you in the U.S. for
signs of prior persecution; and (3) a country-condition expert (who is very familiar with
human rights conditions in your country).
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If possible, provide one or more fact-witness statement. You can talk to your witness rst,
and then draft a declaration (based on what that witness knows personally) for the witness
to sign. Include statements only if they are detailed, focus on facts relevant to your asylum
claim, and corroborate your statement. Although most asylum applicants who provide
witness statements get them from friends of family, statements from authority gures are
even more credible (for example, from local clergy, professors, or government ocials).
Make sure to save all evidence (such as envelopes and fax cover sheets) that show how
you obtained your witness statements.
If you have physical signs of your persecution (such as scars, signs of female genital
mutilation, or physical impairments due to your abuse), you should see a medical expert,
who can examine you and then prepare a report. Immigrant assistance groups and
lawyers often have lists of doctors who will do this for free.
Similarly, if you suffer emotional problems as a result of harm you suffered in your country
(such as depression, insomnia, or anxiety), see a psychologist or a psychiatrist. Again, ask
an immigration assistance group or a lawyer for free recommendations. The psychological
expert will talk to you about your emotional problems and about your past, and then
prepare a report for you to submit with your I-589.
Also try to include an adavit from an expert on the conditions in your country. Again, ask
an immigrant-assistance group or a lawyer for help nding one who will do it for free or at
a reduced fee. Such experts are usually university professors or human rights activists
familiar with human rights abuses in your country. The expert will meet with you, and then
prepare a report that discusses the conditions in your country, and how your story is
believable given those conditions.

Newspaper Articles
If possible, include any articles that help to explain what had happened to you. The more
specic they are to you, the better. For example, newspaper articles with a picture of you
at a political rally or mentioning persecution of members of your religious organization or
social group are very useful. Helpful articles show that your story is consistent with what
independent sources have said is occurring in your country.
You may submit articles from newspapers, books, or online sources (if they are published
on ocial or otherwise credible websites). These should be more specic than the
Human Rights Reports explained below. Many applicants donothave any such articles,
and rely on the more general Human Rights Reports only. You can still obtain asylum
without these documents, as long as you have a strong legal claim and you are credible.

Human Rights Reports

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Attach reports about human rights conditions in your home country for the preceding two
or three years (and make sure to include the years(s) during which you were persecuted).
Information about country conditions can be found on the following websites (look for
links to your specic country):
Department of State:www.state.gov (http://www.state.gov/)
Human Rights Watch:www.hrw.org (http://www.hrw.org/)
Amnesty International:http://amnesty.org (http://amnesty.org/)
Even though they are long, include the entire reports. Simply highlight or underline (or
otherwise point out) the information that is relevant to your claim.

How to Submit Documents That Are Not in English

Make sure that every document that is not in English is submitted with two additional
documents: (1) a complete translation into English, and (2) a certicate of translation, which
states that the translator is uent in both English and the original language of the
translated document, and that he or she translated the document into English to the best
of his or her ability. See "Translating Non-English Documents for Immigration Applications
(http://www.nolo.com/legal-encyclopedia/free-books/ance-marriage-visa-book/chapter414.html)" for more information.

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