Evidence

# Asylum Office# Asylum Seekers

More Sneaky Ways to Deny Asylum, Courtesy of the Asylum Office

When asylum seekers are permitted to present their applications for protection in the United States, their cases are often granted. That’s because the asylum law–as created by Congress–is fairly generous.

Our favorable humanitarian law conflicts with the Trump Administration’s goal of blocking people from obtaining asylum in the United States. Rather than attempting to amend the law, the Administration has implemented a series of procedural and administrative roadblocks to prevent applicants from having their cases evaluated on the merits.

Last week, USCIS issued some new rules for cases at the Asylum Office. The most noteworthy change relates to when evidence is due. Other new (or new-ish) rules concern rescheduling interviews and biometric appointments, and attorney attendance at interviews.

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By Jason Dzubow
# Asylum Office# Immigration Court

Trump-Proofing Your Asylum Application (Part 1)

Since the advent of the Trump Administration, it has been getting more and more difficult to win asylum. Decision-makers in court and at the Asylum Office are more suspicious of fraud, have higher expectations for evidence, and are looking for sneaky ways to deny applications. They are also less forgiving of inconsistencies and innocent mistakes. Add to that an overall environment where non-citizens are under threat, and the asylum process has become much more fraught. How then can you best prepare an asylum application during these challenging times? 

Here and in part 2, we’ll examine some common problems faced by asylum seekers and how they can be overcome.

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By Jason Dzubow
# Asylum Office# Asylum Seekers

The Time to Prepare for Your Asylum Interview Is Now

Asylum Offices around the country have become very busy. Oldest and newest cases, cases that were previously before the Immigration Court, and sometimes seemingly random cases are being scheduled for interviews. Often times, there is little advanced notice prior to the interview date. This means that applicants do not always have enough time to gather and submit their evidence, which is usually due at least a week before the interview.

Since it is not possible to know when you might be scheduled for an interview, or how much advanced notice you will have before the interview, the best approach is to gather your evidence now, so you are ready to go when the time comes.

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By Jason Dzubow
# Asylum Office# Asylum Seekers# Immigration Court

What You Exclude from an Asylum Case May Be as Important as What You Include

Sometimes, the evidence you leave out of an asylum case is as important as the evidence you include.

Here, we’ll look at what evidence is best kept out of a case, how to decide whether to submit evidence that has harmful and helpful components, and how to evaluate the risks inherent in excluding unhelpful evidence.

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By Jason Dzubow
# Asylum Office# Asylum Seekers# Immigration Court

The Prevalence of Evidence

If the asylum seeker’s affidavit is the heart of her application, evidence might be considered the lungs: It provides the oxygen that allows the heart to function. Or maybe anatomical analogies are just weird. The point is, evidence in support of an asylum application is crucial to the application’s success. But what is evidence? And … Read more

By Jason Dzubow
# Asylum Seekers

Letters from Witnesses

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 … Read more

By Jason Dzubow