What Helps to Win an Asylum Case

What Helps to Win an Asylum Case


without him my name is Alena Shautsova
I am an immigration attorney from Brooklyn New York in today’s a little
speaking seminar I would like to talk to you about what helps to win asylum cases
I receive a lot of inquiries from people who already filed their case but they
would like to have an attorney to review the case because they are the work with
somebody else well they did it by themselves and they would like to
increase the chances or that political asylum application being approved so what really
helps from my practice as I as I can tell you what helps to win the case
well number one is the use of experts primarily there are two types of experts
one can use in an asylum case to prove asylum case it’s a psychological expert
who is going to be a mental health professional who will spend some time
with a person with an applicant and will be able to evaluate the applicant with
regard to any psychological trauma or any psychological state that helps one
to prove that they did suffer persecution whether they really afraid
future persecution another type of experts that we would
like to use in a case would be a country condition expert a country condition
expert is somebody who is probably a scholar somebody who did some research
in a particular country and maybe it’s a professor from a university of some sort
that were or member of some human rights organization who will testify that the
person that he or she but familiar with the experience account of the events
presented by the applicant and that account of the events is probable so it
seems that the applicant is telling the truth and the general country conditions
are actually confirming what what was experienced by the applicant
is it’s it’s true also country condition expert can of course testify about the
future reasonable fear that the applicant might have if he or she is
returned to their home country so it’s very very important experts a very
important they’re not attorneys as a rule experts the under the rule of
evidence you need to qualify an expert to be an expert when you go to court
meaning that all the credentials for the expert should be there because the
government may challenge the person who designate it as an expert is to be an
expert but usually there are no issues with that because your attorney will
advise you if that particular person is suitable to be an expert or not under
the rules of evidence so experts really help another type of evidence that I
find particularly helpful is would be witnesses of course the best witness you
can hope for would be a live witness that you can bring to court or to an
asylum interview but it’s very very rare almost never happens so you would have
to rely on the letters by those witnesses but if it Davis by those
witnesses the key here is to produce that affidavit in the right format that
will be acceptable if either the witnesses signature will be not Erised
if it’s possible and if it’s not matt arised the United States will accept
declaration it’s very simple just as special warden on the top of the at the
bottom of the witnesses a statement and it’s perfectly acceptable for the to use
on the federal level in the United States because as you can imagine notice
one can imagine witnesses in a country if this if they still reside in a
country with personal suffered persecution they’re most likely not
going to go to notary because in some countries a notary has to keep a copy of
the document that the witness is not arising
and I can imagine that if the witness will be testifying against the
government they would not want the notary who’s very often is part of the
government to keep a copy of that letter right so that’s why use of letters and
declarations it’s very very important to use a proper use of declarations because
declarations do not require when you make a declaration pretty basic the
person says I saw and so declare under the penalties for perjury under the laws
of the United States states that the following is true and correct and then
the person says whatever they want to say and in the end they put executed
date and the signature and that’s sufficient but that cannot be challenged
as not properly not arised because if you present just a letter without those
words prosecutor may say well it’s not the best not the best possible evidence
you can get from this witness they could have not arised their affidavit or they
could have produced the declaration and the last thing that’s really helps
something depends it this last thing depends on on you the applicant have to
be consistent you have to be consistent in your testimony and sometimes it’s
it’s it’s interesting because sometimes the person says well you know I filed a
sound obligation at the very beginning and I didn’t have a lawyer but now I
would like to produce a more detailed account of the events and sometimes it
hurts the person because the asylum officer will say well you know what you
should have produced that detail that come to the event at the very beginning
of your submission because now I don’t know maybe you’re just adding on
something that may not be true just to make your application look better so you
really need to be consistent in what you submitted in which you are saying in
court it doesn’t mean that you may not add certain information to the
application okay it doesn’t mean that but you will have to be prepared for
long explanation as to why the account of the events is changing its
very important to know that you can read more information about asylum process in
the United States and what you need to know about it when you’re getting into
it on our website www.shautsova.com Thank you.

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