HOW TO APPLY FOR ASYLUM - The Florence Project

1. Explain that you are in immigration proceedings and that you are applying for asylum to remain in this
country. Explain the criminal conviction or other problem, and that you need to show the judge that you
deserve asylum and will be a productive member of society.
2. Ask the person to include:
• How he or she knows you (for example, s/he is your neighbor, sister, boss), and how long he or she has
known you.
• Other information the judge will want to know, for example:
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What are the good points this person knows about you What are the good things you have done
for this person or for others in the family or in society
What will happen to you if you are sent back Only people who personally know about your
situation in your country, such as your family members, should answer this question.
What kind of work history do you have Your boss or former employer can say how long you
worked for him or her, what your responsibilities were, and what kind of a worker you were.
If you were convicted of a serious crime, a person who knows you well or knows about the
circumstances of the crime should talk about how you got involved in this problem, and why he
or she thinks you will not repeat this behavior and you will not be a danger to society. You may
even be able to get a letter from the lawyer who represented you in criminal court.
If the Immigration Judge has determined that you may only be eligible for withholding (because you do not
qualify for asylum), the judge cannot consider letters like this. As we have already discussed, he or she can only
consider your crime if he or she is deciding whether you will be eligible for protection, in other words, whether
your crime is a “particularly serious crime.”
• Other proof regarding criminal convictions
There are three things you may try to get if you have criminal convictions that may help you prepare your
case:
1) the “presentence report” from your criminal case;
2) a copy of DHS’s file on you; and
3) your FBI “rap sheet”
We will talk about what these are and how to get them.
• The presentence report
This is a report that is sometimes written before someone is sentenced in a criminal case. It normally talks about
your personal history, your criminal history, including probation violations, and the circumstances of the crime,
among other things. It may say helpful things, and in this case, you will want to file it with the Immigration
Court. On the other hand, it may say bad things about you. If so, you probably do not want to give a copy to the
judge. It is a good idea to review the report in case DHS has a copy and wants to use it against you. Be prepared
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FIRRP- last update June 2007