Since the advent of the Trump Administration, it has been getting more and more difficult to win asylum. Decision-makers in court and at the Asylum Office are more suspicious of fraud, have higher expectations for evidence, and are looking for sneaky ways to deny applications. They are also less forgiving of inconsistencies and innocent mistakes. Add to that an overall environment where non-citizens are under threat, and the asylum process has become much more fraught. How then can you best prepare an asylum application during these challenging times?

Here and in part 2, we'll examine some common problems faced by asylum seekers and how they can be overcome.

One change that we have seen this year is that decision-makers have become more demanding in terms of evidence. It seems like no matter how much evidence we submit, the decision-maker can always find something that is missing. Under the law, an asylum seeker should submit evidence about every claim in the application, and if you cannot get evidence on a certain point, you should be prepared to explain why not. So for example, if you were a member of a political party, you can submit photos at party events, membership documents, receipts for donations, a letter from party leadership, letters from people who know you were in the political party, and your social media posts supporting the party. I wrote here about the types of evidence that are helpful for an asylum case.

A separate word is in order about country condition evidence. I wrote recently about how the U.S. Department of State has dramatically scaled back its human rights reports, and these days, you cannot rely solely on DOS reports. There are many alternative sources of information that you can use for your case, and I suggest some ideas here (near the end of the article).

Letters from witnesses can help support an asylum claim, but decision-makers are getting stricter in terms of the format. Letters should include the name and contact information of the writer, they should be signed, and should include a statement swearing or affirming that the content of the letter is true. Letters should be written by the witnesses themselves, and not by you (or your lawyer). Letters that are all in the same format or that use similar language will look suspicious to the decision-maker. If the writer does not speak English, the letter should be in the person's native language and you should include a translation and certificate of translation. I wrote more about the content of witness letters here.

Speaking of translations, if you yourself do not speak fluent English, you should include a copy of your affidavit in your native language plus the English translation and certificate of translation. Earlier this year, I had a client's affidavit excluded from court because we only submitted an English version when he did not speak English; this despite the presence of his interpreter who testified that the whole affidavit was read to the client in his native language (miraculously, we won the case anyway).

These days, translations are more frequently called into question, so make sure to submit accurate and complete translations and to include a certificate of translation. I wrote about translations here.

One important piece of evidence is the passport. In the past, we could get away with submitting only relevant pages of an applicant's passport, but now, we are seeing more examples where the decision-maker wants a copy of the entire passport for the principal and any dependents (this is technically required under the rules, but at least in my experience, such rules were rarely enforced). This includes the current passport and any expired passports. If you do not have a passport, you should submit as much identity information as possible: birth certificate, marriage certificate, national and state ID documents, school records, work records, etc.

If you've spent time in a third country, you need evidence that you do not have permanent status there. If the judge or Asylum Officer concludes that you have the right to live permanently in a third country, or if that country offered you a permanent status, it could bar you from asylum. It's not always easy to prove a negative: that you don't have status in a third country. But you can submit visas, residency documents, letters from attorneys, and country condition evidence to show that you do not have permanent status or that you cannot safely live there.

If the persecutor in your case is not the government, you should submit evidence that the government is unable or unwilling to protect you, and that you cannot safely live in another part of your country. Evidence that you tried to obtain government protection, such as police reports, is helpful in this situation. As is evidence that you attempted to relocate within the country. General country condition evidence can also help support these points.

Finally, make sure you bring all original documents to the asylum office or court. For you and any spouse or child, that should include all passports (including expired passports), birth certificates, marriage certificates, divorce documents, and death certificates. If you submitted a copy of a document, bring the original to the Asylum Office or court. If originals were mailed to you from overseas, bring originals plus the mailing envelopes.

Evidentiary standards have become higher, but they are not impossible. If you make the effort to gather as much evidence as possible, it will increase the likelihood that your case will be granted.

Next time, we'll discuss some old and new ways the government is trying to block asylum seekers, and what you can do about it. Stay tuned...

Originally posted on the Asylumist: www.Asylumist.com