How To Prepare For Direct Examination During An Asylum Individual Hearing In Immigration Court
By Alena Shautsova, New York Immigration Lawyer
The Best Immigration Lawyer in the USA
Securing asylum in the United States requires more than just filing Form I-589. For many applicants, the most critical stage is the Individual Merits Hearing before an Immigration Judge (IJ). This is where your case will be decided. At the heart of that hearing is the Direct Examination—your opportunity to tell your story under oath, with clarity and credibility.
This guide, based on best practices from the EOIR Model Hearing Program and real-world litigation experience, will walk you through what direct examination is, how to prepare, what the Immigration Judge is looking for, and tips for winning your asylum case.
What Is Direct Examination?
Direct examination is the questioning of the asylum applicant by their own attorney during the Individual Hearing. It is the applicant's main chance to present their testimony to the judge. Unlike cross-examination (by the government attorney), direct examination is meant to draw out a complete, truthful, and coherent storyabout past persecution or fear of future persecution.
The rules of evidence are relaxed in immigration court, but the testimony must still be credible, detailed, and corroborated wherever possible.
What the Immigration Judge Is Looking For
The Immigration Judge evaluates an applicant’s testimony under INA § 208(b), using the REAL ID Act credibility standards. Key credibility indicators include:
- Consistency (with prior statements and evidence)
- Detail (specific dates, names, places)
- Demeanor (nervousness, evasiveness, body language)
- Corroboration (supporting documents, witnesses)
The judge will be evaluating if your testimony is believable, coherent, and sufficient to meet the burden of proof for asylum.
EOIR Model Hearing Program Guidance
The EOIR Model Hearing Program (used to train Immigration Judges and practitioners) outlines direct examination structure and key practice tips:
Introductory Questions:
- Name, age, country of origin
- Immigration status and how you entered the U.S.
- Confirmation of the filed I-589 application
Establishing the Basis of Asylum:
- Are you afraid to return to your country? Why?
- What happened to you in the past?
- What do you fear will happen in the future?
- Who do you fear and why?
- Was the government involved or complicit?
Specific Events and Timeline:
- Break your story into episodes of harm or threats
- Use chronological order and avoid generalizations
- Give names, locations, and how events impacted you
Social Group or Protected Ground:
- Show the harm was based on race, religion, nationality, political opinion, or membership in a particular social group
Efforts to Obtain Protection:
- Did you report anything to police or other authorities?
- Did you relocate inside your country?
- Why wasn't internal relocation safe?
Corroboration:
- Discuss letters, police reports, medical documents, expert declarations
US Entry and Delay in Filing:
- Explain any delay in filing (if over 1 year) and show "changed" or "extraordinary" circumstances
Practical Tips for Direct Examination Success
-
Know Your Declaration Inside Out
The asylum declaration should form the skeleton of your direct testimony. Your attorney will ask questions based on it. If you say something different in court, be prepared to explain why.
-
Practice, But Don’t Memorize
Work with your attorney to rehearse the format, not to memorize word-for-word. Judges can tell if you’re reciting a script.
-
Answer Only the Question Asked
Avoid overexplaining or guessing. If you don’t understand the question, say so. If you don’t know, say “I don’t know.” Honesty builds credibility.
-
Stay Calm and Take Your Time
The hearing may feel intimidating, but the judge is there to evaluate your claim fairly. Speak clearly, take pauses, and don’t rush.
-
Bring Corroborating Evidence
Support your story with physical evidence where possible:
- Photos, ID cards, arrest records
- Letters from family or friends
- Expert reports (country conditions, psychological evaluations)
-
Witnesses
Consider having a witness testify, if relevant. They must also be prepped and available for questioning.
Sample Direct Examination Questions (By Attorney)
Below are sample questions an attorney might ask during direct:
Basic Information:
- Please state your name and date of birth for the record.
- When and how did you come to the U.S.?
Fear of Return:
- Are you afraid to return to [Country]?
- Why?
Specific Incidents:
- Tell the Court what happened on [specific date].
- Who harmed you? What did they say?
- What did you do afterward?
Government Involvement:
- Did you report this to the police? What was their response?
Supporting Evidence:
- Is this the letter from your cousin in [City] about that day? Can you explain what it says?
Country Conditions:
- Are conditions in your home country safe for someone like you today?
Common Mistakes to Avoid
- Inconsistencies between asylum declaration, border interview, or past applications
- Forgetting key dates or changing the timeline
- Claiming generalized fear without connection to a protected ground
- Lacking corroboration when reasonably expected
Final Advice: Work Closely With Your Immigration Lawyer
Your lawyer should prepare thorough outlines, submit your updated I-589 and supporting documents on time, and prepare you through multiple mock hearings. Immigration court is adversarial. The DHS trial attorney will cross-examine you, and the judge may interject with questions at any time.
Choosing the right attorney with litigation experience—who understands the EOIR Model Hearing Program, the nuances of asylum law, and courtroom strategy—can make the difference between approval and denial.
Conclusion
Winning your asylum case requires more than truth—it requires preparation, clarity, and credible presentation during your direct examination. With the guidance of a seasoned immigration lawyer and adherence to EOIR’s best practices, you can present a compelling case that secures protection in the United States.
Contact Alena Shautsova, New York Immigration Lawyer
Schedule a confidential consultation with New York Immigration Lawyer Alena Shautsova. Call 917 885 2261
Representing asylum seekers across the USA