HOW TO APPLY FOR ASYLUM - The Florence Project

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Before describing this event in your declaration, you should talk about your village and what started this whole problem to begin with. Who is involved in the fighting What is it about How did it affect your village before this event How did it affect you Did it affect your relatives Your neighbors Which family members, and how When you speak about the event, you should describe it in great detail. When did it occur At what time What were you doing when these men came How were the men dressed How many were they Had you seen them before When and where Were they armed What type of arms did they have Who were they Soldiers Guerrillas How do you know What did they look like What did the men do when they arrived Exactly what did they say How did they mistreat people Did they threaten you What threats did they make Did they touch or speak to you, your relatives, or your neighbors How Describe everything you saw, everything that happened, and everything you felt. How much time passed during this incident What happened afterwards How did it affect you and others in the village If the men came back again, describe what happened, with just as much detail. When you write your declaration, it is important to remember what asylum and withholding of removal under INA section 241(b)(3) are about. Their purpose is to protect those who have been or are in danger of being persecuted because of their political opinion, race, nationality, religion, or social group. Therefore, it is very important to explain who the persecutor is and why he or she wanted to mistreat you. This is how you can show that they acted or will act against you for one of the five reasons we talked about before. For example, if armed men dressed as soldiers beat you, it is more likely that it has to do with something political. If you don't mention that the men were uniformed or don't explain how you know they were soldiers, the judge may think that it was a beating committed by ordinary criminals, and had nothing to do with politics or persecution. You should also mention everything that you said or did that drew or may draw the attention of the people you are afraid of. For example, if you participated in some group that is considered to be against the government, it is important to explain in detail the activities in which you participated. It is also important to explain that the government considers this group to be against the government, and how you know this. In addition, you should include facts that show that someone in the government is aware that you participated in this group, or that it is likely that they will find out. Without these facts, the judge may decide that the persecution you are afraid of is not for one of the five reasons, and you will lose your case. You should also include any groups you belonged to, even if you were not an active member, if the government or someone else may want to harm you because of your being in this group. Common problems Page 22 of 49 FIRRP- last update June 2007
A long time has passed between the act of persecution and the time you left the country < Suppose the event which made you leave your country happened a year before you left. If you stayed in your country for a year after the event, the judge may think you were not really afraid to stay in your country and could return without having any problems. You have to explain what you were doing during that year. For example, if you left your house and hid during this time, getting together money for your trip, that would help to show the judge you were really in danger. > Returning to your country < If you went back to your country after having a problem that caused you to leave your country, the judge may think that you can live in your country without any problem. You have to explain what you did when you returned and to explain in detail any problem(s) you had during that time. There is also a question in the form that asks about this. > Family members or others still living in your country< If you say that you are in danger of persecution because of your social group, and your family members are members of the same group but have not left the country, the judge will suspect that you will not have problems either if you return. The same goes if you participated in a political group and your fellow members of the group stayed in the country. So, if they have, in fact, had problems, you should include this information in your declaration. Or, if your situation is different from theirs, you need to explain why you were in greater danger than those who stayed in your country. > Lack of detail < In court, facts are very important. If you say that something important happened but you cannot remember when it was, how long it lasted, or other details, the judge may think that you made it up. The more details you put in your declaration and include when you speak at your hearing, the more chance you have that the judge will believe you. If you cann-o't remember clearly, tell the judge that it is difficult for you to remember certain things, and give approximate dates. Many people do not want to talk about events that caused them emotional harm. If you saw the death of a loved one, or if you were tortured or raped, it is normal not to want to talk about what happened. However, it is extremely important to do so in order to win your asylum case. You need to say everything that happened and everything you saw. Never exaggerate. You only need to be precise and tell the truth. > Inconsistencies in the facts you provide < The judge and DHS may review your form and your declaration in order to see if everything you say is true. Many people make innocent mistakes that hurt them. For example, if in your application form you say you did fieldwork in Honduras until September of 1997, but in court, you say you entered the United States in August of 1997 (and have not gone back to Honduras), the judge may think you are lying, because these facts are not consistent (in other words, they cannot both be true). You could not have been in Honduras in September 1997 and in the United States at the same time. In addition, if you say in your declaration that in October, 4 men in a blue truck came to your house, but in your hearing you say that it happened in December and there were 5 men in a gray truck, the judge may think that you are lying. If you cannot remember clearly, say so, and explain why it is hard to remember. (For example, it was a long time ago, or you were too afraid to notice certain things, or you couldn't see or hear clearly what happened.) Page 23 of 49 FIRRP- last update June 2007
Page 1 and 2: HOW TO APPLY FOR ASYLUM AND WITHHOL
Page 3 and 4: definition of a “refugee” as de
Page 5 and 6: for removal or voluntary departure
Page 7 and 8: To receive asylum, you have to show
Page 9 and 10: not have to return to your country.
Page 11 and 12: danger before). OR 2) There were
Page 13 and 14: your husband, wife, child, or paren
Page 15 and 16: • are not considered a terrorist
Page 17 and 18: • How can I prove I will be tortu
Page 19 and 20: Bring your own copies of all your d
Page 21: Part B is the most important part o
Page 25 and 26: using the questions on the form as
Page 27 and 28: letters may serve as proof in your
Page 29 and 30: The Refugee Program, AIUSA 600 Penn
Page 31 and 32: The National Asylum Partnership for
Page 33 and 34: is handling your case. Ask an offic
Page 35 and 36: for any questions that DHS might as
Page 37 and 38: efore continuing your answer or the
Page 39 and 40: If you are detained during the appe
Page 41 and 42: with the stamp will prove that you
Page 43 and 44: Documentation Request Form Please f
Page 45 and 46: EXECUTIVE OFFICE FOR IMMIGRATION RE
Page 47 and 48: make you inadmissible or deportable
Page 49: of returning to Haiti or was parole

HOW TO APPLY FOR ASYLUM - The Florence Project

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