Are you unsure of what evidence to use for your asylum case to prove past persecution? If so, keep reading to learn more about how to make your case strong to maximize the chances of obtaining asylum, and thus, safety and permanent residency in the United States. Facing the asylum process can be daunting, but understanding what documents you need shouldn’t be.
Evidence of Harm
There are many ways to demonstrate that you faced persecution in the country you are hoping to gain safety from. Every case is unique, so the list below is not a prescription of documents. Instead, it is a list of suggestions that can help add credibility to your asylum claim.
- Personal Statement: Your personal narrative is crucial. Detail the persecution you faced, including specific incidents, dates, and places. This is your story, so make it personal yet clear and accurate. It may be hard to accurately report the exact date you faced harm, so even ballpark estimates of dates will immensely help.
- Tips: Include details about any physical harm; have a clear timeline; include information about the basis of your identity which places you at harm in your community and country; and don’t make up information if you don’t remember!
- Official Documents: These include:
- Police reports of the harm you faced. We understand that after a traumatic event, you may have not filed a police report, or were even discouraged from doing it because of fear of consequences or not feeling like it would help in any way. However, if you did file a police report, it is crucial that you include a copy in your asylum case as a key piece of evidence. If you were threatened against reporting the harm you faced, include this in your personal statement.
- Court documents that document harm you may have faced. These, like police reports, can offer credibility to your case and potentially demonstrate that a legal enforcement agency has recognized that you are in legitimate need of refuge and safety.
- Medical records: These documents provide concrete evidence of your experiences. They will demonstrate the extent of your injuries, which would add further credibility about your claim of past persecution and fear of future persecution.
- Witness Statements: Accounts from people who are aware of your persecution can add depth to your claim. These can be from family, friends, or community leaders, from your home country or within the U.S. If you know people who have also filed for asylum based on similar facts and persecution, from your country, they can be witnesses for your case as well.
- Country Conditions Report: Relevant news articles or human rights reports can contextualize your personal story within larger issues occurring in your country. They can detail the stories of other people who experienced harm, similar to you, and demonstrate how you will face future harm if you return because this persecution is inherent to the conditions of the country. This will show that you must live in the United States to stay safe because the country you are seeking refuge from cannot provide this.
- Personal Correspondence: Emails, letters, or photographs related to your persecution offer a personal touch to your narrative and add additional credibility to your claim. Because filing a police report may not have been possible for you at the time, these personal items offer an alternative form of documentation that still adds credibility to your claim.
- Expert Testimonies: Insights from human rights activists or country specialists can strengthen your case, especially in complex situations or if your case has been pending for a few years and there are changes in your country that affect your claim. If you file an asylum claim with an attorney, your attorney can assist in finding expert witnesses for your case.
Understanding Government Requirements
The USCIS and the Immigration Court require documentation in asylum applications. While your testimony is a key component of your claim, corroborating evidence is important and helpful to establishing the credibility of your testimony. While obtaining certain documents can be challenging, providing as much evidence as possible is crucial. Here are some important things to consider for your asylum application:
- Timeliness: Submit your application within one year of arriving in the U.S., unless there are exceptional circumstances.
- Credibility: Your personal statement and evidence should be consistent and credible. Discrepancies can harm your case. If you don’t remember something, it’s best to state you don’t remember than to guess key dates and details.
- Corroboration: Whenever possible, corroborate your story with additional evidence, like medical reports or witness testimonies.
- Explanation for Lack of Documents: If you’re unable to provide certain documents, explain why.
You may also be interested: What information should you provide to your attorney for your asylum declaration?
Why Consult an Immigration Attorney?
The asylum process is complicated, lengthy, and there are many legal elements to an asylum claim that have to be established in a clear way. It is important that your application is handled with care and attention to detail. Additionally, it can be quite overwhelming emotionally to figure out what to do and how to deal with all the aspects of the case. This is where having an attorney that you can go to throughout the process with your questions, who knows the law, can be extremely helpful. Please contact us to schedule an appointment with our asylum expert attorney about your asylum claim and to discuss the documentary evidence for your case. Your voice and story matter, and with preparation and strong documents, you can present a compelling case for asylum.
