One key piece of evidence in most asylum cases is the witness letter. Under the REAL ID Act, asylum applicants are required to obtain evidence where such evidence is reasonably available. Often times, the only evidence that is reasonably available is a letter from a witness. So what makes a good witness letter?
First, the witness needs to identify herself and state how she knows the applicant. While this may seem like a no-brainer, you’d be surprised how many witnesses don’t include this information. I prefer that the witness states her name, address, phone number, and email address. Then she should describe how she knows the applicant (for example, “Mr. X and I met in the church choir in 2003.”).
Next, the witness should list what they know about the applicant’s claim–here, the attorney should emphasize to the witness (or the applicant who will relay it to the witness) that she should focus on the legally relevant facts. Extraneous material is a distraction. I can’t tell you how many witness letters I’ve seen where the witness rambles on about how he hopes everything is fine in America and that he is praying for the applicant. Who cares? Instead, the witness should mention what he or she knows about the case. One way to start this section of the letter is like this: “Mr. X asked me to write what I know about his problems in Cameroon. Here is what I know…”
Also, I prefer that the witness write about what she has seen with her own eyes. Did the witness see the applicant engage in political activity? Did she see the applicant get arrested? Did she see the applicant’s injuries after he was released from detention? The witness should write what she saw (and the date that she saw it). Secondhand information is admissible, but most fact finders will give such information little weight.
I also hate when witnesses give me general statements, like “Please don’t return to Ethiopia, it is dangerous here.” Not helpful. We want specific information about why it is dangerous, not general, conclusory statements that really tell us nothing. A better letter might say, “Please don’t return to Ethiopia, as the police came to the house on March 4, 2012 and they asked about you.”
My clients often ask about how long the letter should be. My hope is that the letters will be under one page, though sometimes more space is necessary if a witness has a lot of information. I prefer that the witness gets to the point and doesn’t waste time with irrelevant information, so hopefully that leads to shorter letters. Also, the longer the letter, the greater the possibility for inconsistencies.
Finally, I prefer that the witness include a copy of her photo ID (passport, work ID, school ID, etc.). Also, if the witness and the applicant know each other from school, for example, it would be nice to have some evidence that the witness attended the school (like a transcript). Of course, this assumes that the applicant has also included evidence that he attended that school.
One final note about witness letters. Unless they are consistent with the applicant’s affidavit, they will harm the case. I would rather submit no letter than an inconsistent letter. For this reason, it is important to compare the witness letters with the applicant’s affidavit (and his other evidence) to ensure consistency. While people often have different recollections of events–even dramatic events–the fact finder in an asylum case will likely draw a negative inference from inconsistent statements, and this could cause the application to be denied as not credible.
Witness letters are often crucial to a successful asylum application. A well-crafted letter will help your client’s case and could make the difference between a grant and a denial.
Hi.
I just checked this website, thanks for the detailed information. I do not know if you are still checking this website or not, just wanna give it a try.
I came to the United States in 2018 and visited home in 2019 to get divorced. I come out as a gay woman in 2020 January. My asylum application is about my sexuality and since I passed this 1-year deadline, I am gonna use extra circumstances and will explain that I recently came out. Some of my friends and also my ex-partner is sending supporting letters as well. My marriage failed due to my sexuality and I think that it is relevant to the extra circumstances of the applicant. What do you think? Also, I read several articles that mentioning if someone came to the States with lawful status and maintained their status during these years, passing a one-year deadline does not make trouble for them. Is there any policy like this? I came here on an F1 visa and graduated in 2020. Right after, I maintained my status and started my OPT. I am currently completing my OPT and applying for aslym.
Hope you will see my message.
Thanks!
L.
If I understand your message, you were in lawful F-1 status at the time you applied for asylum. If so, you are fine. You should get all the evidence that you were in lawful status – school records, I-20 forms, etc. Being “in status” is the easiest exception to the one-year bar, and so I would first rely on that. The other documents – about your coming out – are also important, but more for the case itself (fear of return) than the one-year bar. I wrote more about the one-year bar on January 18, 2018, if you are interested. Take care, Jason
Thank you so much, I appreciate your time for helping us.
Take care,
L.
[…] to Court to provide testimony in your case. Anyone who plans to appear as a witness must provide a letter indicating what they know about your situation. There are benefits and risks to any witness, and […]
Hi Mr. Jason,
Great topic thank you for sharing your knowledge freely.
There is major question recently on how to submit multimedia contents as evidences ?
i.e: TV interview where I’ve been detained after because I criticized the government performance, or video of other victims telling their experience … etc
Thanks in advance
It is annoying to submit those. I think the most proper way is to submit it on a CD. However, I doubt they will look at it. You should also submit some screen shots and a transcript of what was said in the show. That will be in the original language with a certificate of transcription indicating that the person speaks the language and wrote down everything that was said word-for-word. You would then need to translate that to English (I wrote about translations on August 24, 2017). If the show is on YouTube or somewhere else on-line, we usually provide the internet address as well. Take care, Jason
Hello Mr. Jason:
i’d like to apply for asylum via the “Affirmative path” i fulfill all the requirements for this.
i am a young political activist who publicly denounced the corruption of my country… i’ve been a leader since college where i was the president of the youth association of students…. after going to protests and be brutally repressed by the military force, i was days after threatened and i fear for my life, i had to leave my country 2 months ago and now i am in the United States with a non-inmigrant visa. the high corruption, impunity and military empowerment followed by multiple murders (by death squads and military force) of other members who denounce the corruption of the government of Honduras… has made this country unsafe and i am unwilling to return cause i fear for my life now that i have been targeted and threatened.
my question for you is.. do i have a strong case ?
It sounds like a strong case. The more evidence you have to support your claims, the better the case will be. Take care, Jason
i have tons of evidence and i was looking forward to email you to see if ypu could represent my case… i am in washington area
You are welcome to email me at jdzubow@dzubowlaw.com. The first step would be to arrange a consultation to discuss the case. Take care, Jason
As I have spoken with you. I would really like if you could please delete these comments and follow up w/the process we already have. thank you Jason.
thanks for this wonderful gift. Mr. Jason my question is ,all my witness letters r coming from country of origin because i dont anyone in US who knows about my case. is that ok ?
That is fine – we have many cases like that. Take care, Jason
Hi Jason,
First of all, thanks for all the answers you have provided on this platform.
Can a sister based in Europe write a witness letter to support her brother’s asylum application in the US? Will this be scrutinised?
There is no problem with that at all – we use such letters all the time. Take care, Jason
Hi Jason,
I am a bisexual man from Ukraine. However, people in my country perceive me as a homosexual due to my intimate relations with the same-sex person. Because of that, I encountered a lot of persecution and prejudice in my native country. Currently, I am assembling all the evidence that can corroborate my testimony. One of the evidence that I want to present is an affidavit from my ex-partner who can confirm our relationship. However, unfortunately, he does not know English so he is going to write it in Russia. In which language he should write the very first sentence which is “I, my friend’s name, declare under the penalty of perjury, pursuant to 18 U.S.C. sec. 1546, that the following is true and correct”? Can he actually write only this first sentence in English and all the other information in Russian? Also, I know that such witness’s testimony has to be notarized by a notary public, my question is if the translation in English of the affidavit has also be notarized?
What is more, he does not know if all the information should be written by hand, typed on the computer or maybe it would be better to type headlines (address information, personal information, passport number and telephone) on the computer and the explanation of the events that happened to us write by hand? Also, can it take two A4 pages?
Thank you for taking the time to consider this letter, I really appreciate it, and I look forward to hearing from you. If you have any questions please ask me.
Yours faithfully,
Mavrodiy Alexandr
mavrodiyff@gmail.com
Your ex-partner does not need to write that sentence at the beginning; he can just write the letter. He can notarize it or nor – we usually don’t, but we include the person’s photo ID. The English translation does not need to be notarized, but you need a certificate of translation. I wrote about translation on August 24, 2017 – maybe that post would help. He can write it by hand or type; it does not matter too much, but the English translation should be typed, so that it is easy to read. Take care, Jason
Thanks a lot for such a prompt reply. You really helped me a lot. But I still have a question about penalty of perjury, does he have to swear on the US constitution or something that he is not lying and telling pure truth? And if yes, can he do it in English while the following information is in Russian?
Kind regards,
Mavrodiy Alexandr
None of that is necessary for a witness letter. He can state that he swears to tell the truth in the letter if you want, but whatever he says, write it in Russian (if he is not fluent in English) and translate it with a certificate of translation. Take care, Jason
Hi Jason,
Thank you so much for this informative article.
If I don’t have anyone to bring as a witness to court, is this going to harm my case?
I have supporting materials for my case.
Thank you
God bless
If you can find a witness or at least get a witness letter, that can be helpful for your case, but if you cannot, maybe you can explain why not (for example, maybe you don’t know anyone from home in the US). Take care, Jason
Thank you so much for your reply.
Hi Jason,
I have a question regarding witness in Asylum. So If I ask someone to be a witness of my case. In the case of deniel in Individual final hearing there is a bar to enter in US. Is that effect the wittness as well cuz he is currently waiting for family based immigration.
Please advise.
Thanks
Your witness should not be affected in any way by the outcome of your case. If the witness himself lies, he could get into trouble, but otherwise, there is no effect. Take care, Jason
Hi Jason, presently seeking Asylum in the United States reason is that I fleed my country with my family because my husband’s family wants my seven years old daughter and myself circumcised as this is their tradition.
Already had my thumbprint taken waiting for our interview.
Please May I know some of the supporting documents needed to enable me win this case.
Thank you.
It really depends on the case – one thing that would help here is evidence that his other female family members suffered FGM. So medical reports and letters from them. Also, any evidence that his family has the capacity and inclination to harm you. I will post something about evidence in the next few weeks, so maybe check back in a couple weeks. Take care, Jason
Hi , If I wrote a witness letter for a friend will it affect my situation negatively when I enter US again on B1 visa?
I highly doubt it. I do not see how the immigration authorities would even know that, as I do not think they enter the names or information of people who write witness letters into any data base. Take care, Jason
please can only the wife be a witness to her husband seeking for asylum in USA because to get witnesses from friends ,they are afraid of any contact that may harm them
The more evidence you have the better, and the law basically requires you to get evidence when it is available or explain why you could not get it. So if you cannot get evidence from friends, it may make the case weaker, and you may need to explain why you could not get it. Take care, Jason
Dear Jason,
I have two people who are willing to write the letter for me, sharing the information they know about my case. However, they are very concerned about American government contacting their local government so that they can get in trouble at home because of their letters.
Do you have any information if the American government can disclose the information about witnesses to local authorities? I just don’t want to put them into dangerous conditions, at the same time, I do need their letters.
I can’t say that anything is 100% safe, but I have not heard of this happening, and your asylum case is confidential. They should never contact your home government about your asylum case. Take care, Jason
hi, my wife and two daughters are the in US seeking asylum on the basis of female genital mutilation on my children. my oldest daughter which is 10 years has passed through the horrific act of FGM. am currently threaten to bring my youngest daughter which is 3 years of age back home for this horrific act of female genial mutilation . what are their chances of getting the asylum granted?
They probably have a good chance of getting asylum. It may be more difficult for you and your wife to get asylum, as the law is not settled regarding whether parents of children who face FGM can get asylum. If you fear harm from people when you try to protect your children, that might be a basis for your case. Also, if your older daughter is subject to FGM and you agreed to that (which it sounds like you did not), that could be a negative factor in your case. Talk to a lawyer about the case, since these cases can be tricky as far as the parents are concerned. Take care, Jason
Hello Jason,
I am an LGBT asylum seeker from Jamaica with a pending asylum application (affirmative) in Chicago. I am currently in a relationship with a man (here in the US) that I love so much and he is willing to write me a letter attesting to our relationship and we have tons of pictures of our relationship. 2 of my family members here in the US who are aware of my sexuality are willing to write me a witness letter attesting to my sexuality. My lawyer sent in enough evidence of my country conditions on how LGBT people are persecuted in Jamaica. I wanted to ask if these supporting documents (pictures of relationship, letter from current boyfriend, and letters from family members) are enough to support my application for an LGBT applicant? Is it necessary that I belong to an LGBT organization?
I think such letters are important for your case. Whether they are enough, I do not know – it depends on the case. We have not had problems with the Asylum Office doubting a person’s sexual orientation, but sometimes they don’t believe the applicant. I doubt joining an organization will be determinative in your case, but I do not know the case or what evidence has been submitted already. Maybe see what your lawyer thinks of the evidence you have, and whether you need more. Take care, Jason
Thank you Jason. My lawyer thinks that I do not need to be a member of an organization given that my supporting documents so far are enough.
Just curious, if the asylum office doesn’t believe the applicant’s orientation what’s the outcome?
If they think you are lying about your sexual orientation, I imagine that they will deny your case. I wrote about that last week and plan to post part 2 later this week. Take care, Jason
Hello Jason,
I am also in the same situation as Mesh, I am also from Jamaica and gay. For your successful LGBT asylum cases, what have been the supporting documents that they have provided?
In my case I have 2 affidavits from 2 family members living here in the United States that are aware of my sexual orientation, with the earliest being since 2011. I am wondering if that’s enough or if I need more evidence? I am not currently in a relationship.
Maybe more letters – from friends who know you, former partners, etc. If you are involved in any LGBT activities or organization, maybe you have evidence of that – letter from the organization, photos of events, etc. I think you cannot really have too much evidence, and 2 letters seems a bit weak to me. I would try to get a bit more. Take care, Jason
Dear Jason, do you work with cases from Ukraine?
Yes – We have some; they tend to be difficult to win, as it is often possible for people to relocate within the Ukraine and be safe, but we recently won a case from there. Take care, Jason
Good day. I am a 31 year old gay guy. I applied for asylum in August 2017 in Orlando FL. Just after that l met a guy who is now my husband but we moved to Pensacolla FL this week because of work. Since l used Orlando address for applying my asylum, does it matter if l file for marriage based greencard using his current address. What should we do. Thank you
If you moved, you should update your address with the asylum office using form AR-11, available at http://www.uscis.gov. And (assuming you are eligible) you can apply for the marriage-based green card using your current address. Be aware that sometimes an asylum case interferes with a marriage case, and if your GC case becomes delayed, you might want to talk to a lawyer or contact the local asylum office to see if they can help with the problem (you may need to withdraw your asylum case, but I think it is safer not to withdraw unless you have to). Take care, Jason
Do I put my address on the top right hand corner when writing a witness letter or in other words how do I format the letter in terms of whose adress goes where
There is no required format. As long as all the info is there and it looks presentable, it should be fine. Take care, Jason
How many pages should a letter of declaration have and how long will I have to wait to do a biometrics after my asylum application was lodged.in the immigration court my clock is now 70 days yet I haven’t received my biometrics notice
You can Google “Defensive asylum in immigration court” and you should find the instructions for requesting biometrics for a case in court. You have to submit that to get the biometrics; you will not receive an appointment just by filing the I-589 with the court. As for the length of the declaration, it depends what you need to say. We have written them anywhere from 3 or 4 pages to 40 pages. We try to keep it in the range of 8 to 10 pages, if possible, but it completely depends on the case. Take care, Jason
I am a lgbt asylum application defensive in immigration court now I have to compile letter from people that know am a gay or.if I confided in someone about a dangerous incident that person is required to write a letter or if someone witness a mistreatment how much letter maximum u think is good because I don’t have any contact with people in my country
There is no limit to the number of letters that you can submit, and it is important to gather whatever evidence you can to help support your case. You can also get letters from people in the US (or anywhere else), if they know about your case or your sexual orientation. Take care, Jason
How long can a removal proceedings last providing u have applied for asylum. And what if u don’t have any one in your country that can provide a letter will that affect the case
If you cannot get a letter, you may need to explain why you were unable to get it. The fact that you have no people in your country may be an explanation. As for the length of a removal hearing, it is very variable, but usually it is a couple hours. Take care, Jason
Hi Kerrian
I too am a lgbt asylum seeker from Jamaica. Can i have your email address. I would like to ask you a couple questions about your experience.
Hi Shura nice to meet you my email address is kerrianmcmahon@yahoo.com looking forward to hear from you
I applied for my political asylum.case a little late, four months after one year deadline but I was in bed, traumas a lot, though I did not go to doctors here, just in my country, I have medical records a momth early before I left, then my knee got fluid inside and I had fevers for months here, I was putting some waxy pads on it, I could not walk, I have two american citizen letters verifying it. Can I get status at the interview as I was told only judge can do it as I applied late
If the Asylum Officer accepts your health problems as “extraordinary circumstances” excusing the one-year filing deadline, the Asylum Officer can grant your case. The more evidence you have on this point, the better. I will say that judges are more likely than Asylum Officers to find an exception to the one-year bar, but you can try and hopefully, that will work. Take care, Jason
It is a wonderful article; Let me thank you sir for your effort. And I have a question. Can the witness be my girl friend or my wife? thank you very much. And may i contact you? for help.
Anyone can write a letter. But hopefully your girlfriend and your wife do not know about each other, as they might not write such nice letters (hee hee). You can email me if you need a consultation: jdzubow@dzubowlaw.com. Take care, Jason
Hi Jason, many thanks for this wonderful article. my question is, can i submit affidavit of Marriage in place of Marriage certificate?
For some purposes, that might work, but I think you will have a difficult time if you want to use that to bring your spouse to the US or to prove that your marriage is true for immigration purposes. Take care, Jason
Thank you Jason
thanks a lot , very interesting article ,
would like to know, if my ex partner can also write a witness letter to also prove I was dating him , and can it also help for my asylum application to be granted ?
He can, and if that is relevant to your asylum application, such a letter should help your case. Other people who know about the relationship can also write letters. Take care, Jason
Hi Jason,
thank you for helping us in this difficult season. on the witness letters it is something i did not know about and thanks to you, i filed for asylum in October 2016 and i did not submit any witness letters. my question is can i get witness letters still and if i get them do i wait until i get called for interview and take them with me to the interview and on another note do i need to find a lawyer to help me with my case, what are the chances of being granted asylum if i applied on my own. i cannot afford a lawyer.
I wrote about lawyers on July 7, 2016 – maybe that would help. Letters can be submitted prior to the interview. In my office (Virginia), all letters and additional evidence must be submitted at least one week before the interview, but different asylum offices have different rules, so you have to contact them to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi i filled my application 6 months ago with evidence, can i send them witness letter now to make my case even powerful.
thanks
Yes – you should submit all evidence prior to the interview (different offices have different rules about this – our office requires documents to be submitted at least one week before the interview). Keep a copy of everything you submit, and if you mail it, keep the mailing/post office receipt. That way, if they lose it, you will have evidence that you sent it. Take care, Jason
Hie Jason
I found your articles very informative and helpful. i am kindly requesting your assistance and i will go straight to the point.
Are these valid reasons for expediting my asylum case?
1) Can i mention this as a humanitarian ground for expediting a case?
i left my husband back home however we are customarily married (no marriage certificate, he paid lobola/bride price to my parents as an african culture ) thus, i still use my surname/last name.
2) When i came i was already pregnant and i delivered here in the USA on December 1, 2016. My daughter uses her father’s last name. Will it be valid reason to say that i need his father to come and be a family raising our child together and attach the birth certificate as proof? the other thing is that raising a child on my own here in America is very expensive worse if i am single. Can i state this?
3) My mother was on my Medical Aid when i was at home since i was working, she is diabetic. when i was nolonger on the payroll, she ceased to have medical attention too. now she hardly gets her monthly pills for diabetes and no longer goes for her medical check up since i am here and financially unstable. Can i use this as a ground too?
4) I am financially very unstable when i was at home i could sustain my family’s needs especially the basics for instance food and medication but now its very impossible. Can i mention this too?
I would appreciate if you respond,
Thank you.
1 – Unless you are legally married with a marriage certificate, I think this is not a good reason to expedite, as you cannot bring him to the US if you win the case. 2 – Without a marriage certificate, you cannot bring him, even if you have a child together. 3 – I do not see why this is a basis to expedite your asylum case. 4 – If you can explain why you need asylum to become financially stable, maybe this would work as a reason to expedite. I do think you should try to legalize your marriage and get a marriage certificate. That will allow your husband to come here if you win the case, and it will make it easier to expedite your case. Maybe your husband can find his own way here (student visa, work visa, visitor visa, etc.). But without the legal marriage document, your asylum case cannot help him. Take care, Jason
Thank you for your help.
I have a question about the witness letter.where does the letter addressed to?
It doesn’t matter. The witness can just write “To Whom It May Concern” or they can write to the Judge or Asylum Officer. Any of those is fine. Take care, Jason
Jason,
Thanks your post is very helpful. Can my lawyer in my country of origin who witnessed all the incidence write one of the witness letter.
Of course. Such a letter can be helpful, and he can include evidence that he is a lawyer (his law license for example). Take care, Jason
one question please, do I need a lawyer to sign the affidavit from a friend?
You do not. For such letter/affidavits, it is a good idea to get the person’s photo ID or – if they are in the US – to have the letter notarized by a notary public (this is different from a lawyer and most banks provide this service for free or for a few dollars). Take care, Jason
Hello, this article is very helpful, can i contact you for help please, this is my email monjuflora@yahoo.com
If you are asking to contact me, you can: jdzubow@dzubowlaw.com. Take care, Jason
I can’t thank you enough for all the golden, yet free information that gives me hope in such unpredictable backlog of assylum.
Hi Jason,
Greetings again. My wife and my daughter they are back in my country of origin. And i am really worried about them but am confused if i should actually expedit my case or not which is in LA, CA. So what you’re saying here is that the witness who writes a letter has to write in a manner that the description is clearly about my incident and my reasons for seeking asylum in which she witnessed the wound and else that i suffered of which i fear and feel persecuted going back to my country? Is that the most strong document to present if my case gets expedited and i get an early call for the interview. I have submitted all the relevant documents along with the pictures of the state in which i was when i was attacked along with my asylum application. What do you suggest jason? Because i filed my case all by myself along with the full story describing it in full but now am considering to expedit it because the waiting time in LA is relatively much longer than most of the other states. Thank you and am really confused right now?
You can ask to expedite based on family separation. You need evidence about that (as discussed in an article from yesterday). As discussed in the above article, witness letters describing what people know about your problems are also helpful to a case. Take care, Jason
Hey Jason,
I cant enough to say thank you for your help. But i need one favor. Is there a posiblities to get one sample letter? I am waiting your reply.
Regards
Sorry – I do not even give sample letters to my clients. The witness should write what he or she knows, and keep the letter relatively short, as discussed above. Take care, Jason
I found your article very helpful! Now I would like to ask you if the witness letters need to be hand written or can they be typed?
It doesn’t matter in terms of substance, but I strongly prefer typed so that the Asylum Officer or Judge can read it. Handwriting is usually too hard to read. It should be signed by hand. Take care, Jason
Hello,
I’m working on a letter for a friend seeking asylum. I was planning to have my letter notarized, but I am wondering if this is necessary or if copy of birth certificate and driver’s license is sufficient. Also, if notarized, what is a good format to include that?
We typically do not get letters notarized, but there is no harm in that. There is also no official format, though they want to see the basic info (name, address, phone number of the letter writer, how the writer knows the applicant, what the writer knows about the case). Normally, we just include the photo ID and any other relevant evidence (for example, if the letter writer knows my client from university, we might include the writer’s university transcript to prove he was at the school at the same time as my client). Take care, Jason
Thank you so much.
Hi Jason,
I kindly want to ask if witness letters should be written in English or just with the local language back home and get translated here?
Which one is convenient for the interview officers?
Thank you for your reply
Regards
If the person speaks English, she can write the letter in English. Otherwise, we normally have the person write the letter in her native language and submit it with an English translation (and a certificate of translation). Also, we try to include a copy of the person’s photo ID. Take care, Jason
Please I need help to write a support letter for my client for his court. Yes In English.
Thank you for your help.
Mr. Jason Dzubow, thank you the helpful and interesting articles. For witnesses who live outside the United States, is it necessary to submit an original with the original signature, or is a scanned copy okay?
It is nice to get the original if you can, but we normally submitted only scanned copies with a copy of the photo ID. Take care, Jason
Thanks for the important information. Do you have any suggestions as to how many letters from witnesses would be considered normally sufficient in an asylum case? I know “it depends” on each case buit would you say that 2 letters are fine or that 6 or 7 letters are too much?
Thanks!
Sam
There is no right answer, of course, but I think 1 letter is bad – that indicates that you know you are supposed to get letters, but you got only one. Our typical cases have three to five letters, but we have done cases where there were no letters or where there were 10 or more letters. We’ve even done cases with one letter. They key is that if there is a witness who is available to write a letter, the Asylum Officer may expect a letter from that person. So it is better to get the letter. Otherwise, you may need to explain why you failed to get it, and under the REAL ID Act, that could be a problem for the case.
Actually i really enjoy the article and others on the blog.very helpful