The Best Evidence for a Political Asylum Case

The Best Evidence for a Political Asylum Case

Between 1990 and 2021, the United States admitted almost 770,000 asylum seekers, with just over 17,500 in 2021 alone. According to a recent study, however, the number of asylum seekers awaiting hearings has reached nearly 1.6 million individuals, with about half waiting for judicial hearings in the Department of Justice’s immigration courts and the other half waiting for hearings before the United States Citizenship and Immigration Services (USCIS).

This backlog of asylum applications has reached record numbers, preventing U.S. governmental agencies from processing these applications quickly. Further, the average asylum case in an immigration court takes more than four years to complete.

For those seeking asylum based on their political opinions and beliefs, this backlog of applications and case resolutions may delay any deserved humanitarian protections, especially with the threat of political persecution around the world.

Because of this, it’s essential to present your best evidence for a political asylum case, helping your application move along seamlessly toward the protection you or your loved ones deserve.

What Is Asylum?

Each year, people come to the United States seeking protection because they have suffered persecution in their country of origin or nationality.  They may also seek protection if they fear persecution if they return to their home country.

People can be eligible for this protection – which is called asylum – based on their race, religion, nationality, membership in particular social groups, or political opinions. Specifically, political asylum is the right to live in the United States when you must leave your country for political reasons.

If political asylum is granted, then asylees can enjoy work authorizations, get a Green Card, eventually apply for U.S. citizenship, and petition to bring family members to the United States.  Asylees may also qualify for financial, medical, educational, vocational, and housing assistance, helping them integrate economically and socially into the United States.

What Is the Best Evidence for a Political Asylum Case?

Here are seven examples of the most impactful evidence you can present in your political asylum case, which can help your case move along toward a successful result.

1. Written Personal Statement of Affidavit.

When you file your Form I-589, Application for Asylum and for Withholding of Removal, you should include your written personal statement or affidavit.  In this statement, you’ll describe:

• Your background
• The reasons you left your country
• Reasons why you can’t return to your home country, including specifics about why you are afraid to return

This statement should be clearly written, and if possible, list the reasons for your asylum in chronological order. The written statement or affidavit serves as your sworn statement, presenting the legal facts related to your asylum application.

This written statement or affidavit not only helps the asylum officer understand the reasons for your request, but it also helps your immigration attorney create a robust legal argument on your behalf.

2. Written Witness Statements or Affidavits.

Corroborating witness statements or affidavits can strengthen your case. These statements can be from family, friends, work colleagues, or any other person who can confirm what they know about your persecution.

The best way to present this evidence is through a notarized, written statement or affidavit. However, we know that’s not always possible.

If your witness cannot produce a written, notarized statement, then a signed letter would be the next best thing. You may also have to get creative, depending on your situation. For example, you may have your witness appear on Zoom or Microsoft Teams, while having their statement transcribed and translated, if necessary.

3. Documents Proving the Details of Your Statements or Affidavits.

Accompanying your written statements, you should also present additional documents that prove the details of your case. Some examples may include:

• Police reports
• Legal documents
• Threats through letters, emails, text messages, or other messages
• Social media posts showing incidents of persecution
• Images or pictures capturing locations and time stamps
• Any other correspondence of any kind from the time period of your persecution

4. Written Letters or Reports from Experts.

Depending on your situation, an expert opinion may benefit your case. For example, experts such as human rights activists or scholars may examine your case, offering an expert opinion for the immigration courts.

These expert opinions can help validate your story, providing a broader context of the situation. Experts can also speak to the conditions of your home country and how that may contribute to your inability to return home. An experienced immigration attorney can help you gather the appropriate expert evidence for your case.

5. Documents Proving Your Identity, Residence, Education, and Family Relationships.

Additionally, you’ll want to provide documentation proving your identity, residence, education, and family relationships. This will help prove who you are, where you’re from, and your background.

For example, you should produce the following documents as evidence:

• Birth certificate
• Passport(s)
• Driver’s license or other government-issued identification card
• Education records
• Employment records

6. Medical or Psychological Records.

You may also choose to offer medical or psychological reports, especially if you suffered physical, mental, or psychological harm. For example, you may include old X-rays, current doctor’s notes discussing old injuries, or treatment plans.

Additionally, you may want to include any psychological records detailing your fears, trauma, or post-traumatic stress disorder (PTSD). These records could have a profound impact on your asylum case.

7. Articles or Reports on Country Conditions.

Finally, you can present articles or reports on your home country’s conditions. These articles and reports (including media reports) shed light on current economic, political, and human rights situations as well as recent developments that may benefit your case.

Additionally, these reports can help prove that your fears of persecution are well-founded. However, never assume that the immigration courts or asylum officers know the details of your home country.  Providing these reports gives them a better understanding of why you don’t want to return to your country of origin.

Next Steps

The asylum application and evidence process can be daunting, especially in already stressful times. In addition to the forms, filings, and proof, the system experiences significant challenges through delays.

Working with an experienced immigration law firm like Gendelberg Law, PLLC can streamline this process while personalizing the experience to your needs. We go above and beyond for our clients. At Gendelberg Law, we are passionate about assisting individuals and families with their immigration needs.  Let us help you today.