New York Lawyer's Legal Updates

How To File For Asylum Part II

Author: Asylum lawyer Alena Shautsova

Asylum Declaration or Affidavit

The most important document in Asylum package application after the form I-589 is applicant’s declaration or an affidavit. It is a sworn statement made by an asylum applicant telling his/her story. What should an asylum declaration include? Ideally, it should include everything: applicant’s background: family history, education history; work history; social life history; political life history, etc. The facts and specific information will depend on the basis for asylum application. Asylum can be claimed on the basis of national origin, religion, political views, affiliation with a particular social group, race.

After the background facts, an applicant will have to describe country conditions: why in his country people like him are afraid for their lives; why they cannot return; and why they do not feel safe there.

The main part of a declaration or an affidavit includes description of specific events that happened to an applicant and caused him/her to file for an asylum. Even though most of the time those events are highly traumatic, nevertheless they must be stated in detail. An Asylum Officer and/or Immigration Judge will expect an applicant to be very specific. In this portion of the document, an asylum applicant will talk about participation in specific rallies; beatings; rape; persecution; prosecution; exclusion form college; firing from work, etc. Each applicant has his/her own unique story.

Further, the next section of the affidavit should discuss why the local government cannot protect the person and why he/she cannot relocate within his country to avoid further persecution.

Depending on a particular case, it might be desirable to explain why there is no safe third country, a country different than the United States that can harbor the applicant; why the applicant decided to apply for asylum now and now during his first visit to the Unites States; why his/her family are still there, etc.

Finally, an applicant should also explain what evidence, witnesses and other proof is available to collaborate his/her story. If such proof is not available, an applicant should explain the reason.

If you have immigration concerns, consult a skilled NY asylum lawyer at 917-885-2261 and find out about your options.

24 October 2012
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