The key to success in applying for asylum from the United States is
presenting your case in the strongest possible way to the Immigration & Naturalization
Service (INS) or the immigration court. Immigration officers or judges who evaluate
your case must try to determine if you are telling the truth and if the facts you
present create a "well-founded fear of persecution" on the basis of your race;
religion; membership in a social group; political opinion; or national origin.
You can increase your chances of success by preparing the
documentation for your case very thoroughly. In my experience, the most significant
way to help your case is to submit documents to prove the facts you say are true.
The applicant who presents translated records which document these facts stands
out among the many applications which are supported by nothing more than the
individual's word.
At the interview, INS officers usually don't want to hear from
witnesses. But you can submit statements from them corroborating your case. At
the immigration court, these persons should be ready to testify if they are available.
If they cannot attend, witnesses can submit statements in support of your case.
Statements must either be in English or translated. Try to obtain letters or
statements from institutions that corroborate your arguments about persecution
such as synagogues, churches, political organizations, ethnic organizations, etc.
If these institutions know of the applicant and his past problems at home, these
facts should be described in detail. You can also help your case by presenting
documentation on the persecution of minorities such as yourself distributed by many
organizations and news media and widely available on the Internet and elsewhere.
The most common reason for denial of asylum applications is that the
INS officer or judge simply does not believe the applicant. One's hopes of winning
asylum are much better if there are not inconsistencies in one's facts. Always tell the
truth because, first it is illegal to lie to the INS to support your case, and second,
it often leads to inconsistencies in your story which actually damage one's case.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737. |
