Evidence for asylum cases

If you are applying for asylum in the United States, it is extremely important to provide useful and relevant evidence about what happened to you. While your own testimony is helpful and also counts as evidence, asylum cases can be denied if available evidence has not been submitted. This means that if something can be obtained to support your case, you need to get it and submit it.

Some asylum cases are handled in immigration court while others are with the asylum office (part of USCIS). In immigration court, there are strict requirements for submitting evidence. Failing to comply with those requirements can result in the denial of your application. With USCIS, it is best to submit your evidence as soon as possible.

What counts as evidence for asylum cases?

The process of collecting evidence starts with what happened to you before arriving in the United States and what you fear will happen if you are returned to your country of nationality. Most cases should involve a detailed personal statement, sometimes called a story or declaration, that describes this in detail. Some tips for preparing a good statement include:

1. Focus on persecution, it is required for asylum cases
2. Focus on what happened to you personally and not general bad conditions in your country
3. Ensure your statement answers key questions—who, what, when, where, and why—so that someone unfamiliar with your case can understand what happened.
4. If you’re unsure where to start, review the exact questions on the I-589 asylum application in part B
5. Also make sure to include any incidents that impacted your family, friends, or people who are similar to you
6. Describe in detail what you think would happen to you if you are returned, who would do it, and why they would do it
7. Exclude irrelevant details such as general history lessons, your childhood, or your family history—unless they directly relate to your persecution claim.

For all asylum cases, remember that you are telling your story. Make your story clear, detailed, and comprehensive. Do not leave anything out. Then, you must provide evidence for everything that you can. Review your story and ask yourself how you would show someone how each part of it is true. Use the following list of types of evidence for ideas about what you might be able to get in your case.

Types of evidence

Here are ten types of evidence that are useful for asylum applications:

1. Affidavits and Witness Statements: Written statements from friends, family, or anyone who can verify details of your persecution or the general conditions in your home country. They should have first-hand knowledge of what happened, rather than repeating what they heard from others. Try to get them notarized and include the author’s photo identification.
2. Proof of Identity: Birth certificates, passports, or other government-issued IDs.
3. Direct Evidence of Persecution: Threat letters, photos, police reports, medical records documenting injuries sustained during persecution.
4. Country Condition Reports: Reports by human rights organizations, news articles, or government documents that show the dangers faced by people in your situation back home. They must be related to your own situation and reasons for applying for asylum.
5. Expert Opinions: Testimony from country condition experts who can provide in-depth analysis of the situation in your home country.
6. Membership in a Particular Social Group: Proof of your membership in a particular social group, such as a political party, ethnic group, or religious group, that is targeted for persecution in your home country. This could include membership cards, photos of you participating in group activities, or documentation of your activism.
7. Threats to Family Members: Evidence that your family members have been targeted for persecution, which could put you at risk if you return home. This could include threat letters, police reports, or news articles.
8. Newspaper Clippings: Articles about human rights abuses or violence in your home country, especially if it relates to something you mentioned in your statement.
9. Photos and Social Media: pictures can help other people understand that your story is true and reinforce your statements about particpating in activites. Photos could include you at a political rally, injuries you suffered, damage to your property, or other subjects. You can also use social media postings which might include photos or statements that you made.
10. Hardship evaluations: in some cases, a counselor or therapist can meet with you and summarize any hardships you have experienced as well as recommendations for ongoing issues. The issues should relate to any persecution you have suffered.

These types of evidence are only a starting point for you to think about what you can submit for your case. Every case is different. Some cases involve religious persecution while others relate to political activities. Remember that any non-English documents must be submitted along with certified translations. Review all of your evidence with an attorney to make sure that it is useful for your case. A well organized packet of evidence is a useful tool for USCIS or the Immigration Judge to decide your case and can increase your chances of approval.