Asylum Officer Questions of an activist from the DRC: September 2024

How did you get in contact with your lawyer? What language did you speak to him in?

Have you read each page of your application? [I, the asylum officer, has read them. Your lawyer read them. Do you want to be different from them?]

Let’s see if you can repeat page 1 of Form I-589, without looking at it:

Name? DOB? POB? Do you identify as a male?

What is your ethnic group? religion? What is a “particular social group”?

When did you last depart from your country? your last address there? When did you enter the USA?

  Show me your passport! I want to look at, and identify, each stamp in it?  Does your passport show a more accurate history than you can provide?

What was your last address, outside of the USA?

Tell me all of your addresses, for the past 20 years!

Tell me about each member of your family: mother/father/brother #1/sister #2

   Each one is the same ethnic group as you? Each one is the same religion as you?

How come  you suffered harm, and they did not?

Why isn’t each member of your family dead? You claim that your ethnic group and religion suffers, yes? So, how come each member of your family did not suffer?

What is your complete history with your government: how and when did you apply for passports and exit permits?

  Tell me your complete immigration history with the USA government: you applied for a tourist visa? Form DS-160? That form asked if you had ever been arrested? That form asked how long you would stay in the USA and when you would return? You lied? If you lied on Form DS-160, then you probably lied on Form I-589, yes?

Your tourist visa was issued in April; you bought a round-trip airline ticket to JFK airport, and then back to your country? 

Upon arrival at JFK airport, you told lies? NO? Upon arrival, your plan indeed was to return to your country in two weeks? But, three days after arrival, you got some new information and some new advice from your uncle? You talked to your mother on the phone?

    As a result of this new information, you changed your mind, and decided only then to apply for asylum?

Did you suffer physical harm in your country? When was the first time? You say a man hit you? What was he wearing? Was it a police uniform? Why did you believe it was a policeman? Did other people believe it was a policeman?

What weapons did he have? where on your body, did he hit you?

What language did he speak? What words did he say?  Did he know what your ethnic group was? How could he know it?

Did he know what your religion was? how could he know it?

Did he know what your political opinion was?

Where were you at the moment of your arrest?

What thoughts went through your mind, at that time?

Why did the soldiers attack that village, and not another one?

Why did the soldiers want to harm you? What words did they say?

WHAT WAS THE MOTIVE OF THE BAD GUYS? WHAT DID THE BAD GUYS KNOW ABOUT YOU?

They held you for about four days? What happened on the day of your release? why were you released on day #4 and not on day #3?

Did  you, or do you, have any long-lasting effects from your mistreatment?

Any scars? any photos of scars?

Any mental scars? flashbacks? nightmares?

Why did the soldier hit you? [why does the asylum officer ask obvious questions? We don’t know, but, anyway, answer him! The soldier wanted to punish you for your political opinion?

During your next detention, did you suffer physical harm? Any scars today? Was there pain that lasted as long as one week? 

Why didn’t you see a doctor?

Why didn’t you report the assault to the police?Is it futile and a waste of time to complain to the police? Is it dangerous to complain to the police, because they might get angry?

Where were you at the moment of your arrest?

Why were you arrested? Who arrested you? What weapons did he have? What words did he say? What language did he speak?

What was his motive?

You say he hit you? where was the first part of the body that got hit? What was the second part?

Were there any immediate injuries? blood? 

  Injuries that appeared during the next few hours? bruises? discoloration?

  Injuries that you felt one week later?

  Any injuries today, from 20 years ago?

How would anyone know what your ethnic group was? 

How would anyone know what your religion was?

How would anyone know what your political opinion was?

How were you treated differently from others?

How long did your physical injuries last?

How long did your psychological harm last?

How much longer in the future will it last?

Why did n’t you go and see a counselor? You say: “I didn’t want to see a counselor, because I know she would ask me about what happened, and I don’t want to talk about it.”  What do you mean by that? Going to a counselor is too expensive and too painful and you fear it would not do any good?

Tell me your immigration status in each country where you lived?

Was permanent residency available there?

Were the conditions of your residency substantially and consciously restricted by the government of that country?

What reputation did the soldiers have? What did other people tell you about the soldiers?

Were you treated differently from others?

Was your village treated differently from others? why?

Do you have any long-lasting injuries?

Can you return to your country today? why not?

The government has forgotten about you, haven’t they?

Did you do anything in the USA to bring yourself to the attention of your government back home?

Why did you decide to depart from your country?

Why not flee immediately? Did you need to gather money and make plans before making such a big decision?

Did the bad guys have more than one motive?

What is your “particular social group”?

Do  you fear the government? vigilantes? part-time thugs, who work for the government? Private citizens who are close to, or work for, the government?

Why would your government harm you in the future?

What is your political opinion?

Is there anything else? Yes? what?

Did you ever give “material support,” even under duress?

 EXHIBIT 18 FOR AN ACTIVIST 

 Asylum Officer questions, December 2022, of an activist from a country in Asia:

Did you have assistance preparing your asylum application?

How did you find your lawyer? how many meetings did you have with him? how was your personal statement prepared?

Tell me your employment history

If you return to your country, where would you work?

Why did  you apply for asylum?

Did you suffer any physical harm?

Were  you ever threatened? tell me the month/year/city

What was the most serious threat you received?

You say a man came to your house. How do you know he worked for the government?

Did you receive any indirect threats? 

What is your religion? is your religion important to you?

What is your ethnic group?

When the man came to your house, what language did he speak?

His words were ambiguous, and apparently harmless. So, why do you believe he threatened you?

What would happen if you return to your country? What would happen at the airport?

Do you know anyone from your country, who came to USA, and then returned to your country? What happened to them upon arrival at the airport?

Has anyone been looking for you, in your country, since you have arrived in USA? 

Why are they looking for you?

Where would you live, if you return to your country?

You say you have protested in front of your embassy in Washington DC. So what? How would government officials in your country know what you did in Washington DC?

Have you seen yourself on video or photos in any social media at any protest?

Has anyone seen you, and told you, they had seen you?

Did you search the news, social media to see if you were presented in any pictures at the protest?

Are  you politically active on Social Media?

How are you politically active on social media?

What is your Facebook name?

Where would you live, if you return to your country?

Do you know of any person from your country, who studied in USA, and then returned to your country?

In your asylum application, you said RACE was important? why?

In your asylum application, you said  RELIGION was important? why?

In your asylum application, you said PARTICULAR SOCIAL GROUP was important? why?

What is your mother doing? she has not suffered physical harm? why not? how do you communicate with her?

Do you have any family members who have suffered harm? If they have not suffered harm, why would you?

Your brother told you that two men talked to him on the street? 

why did he believe they were from the government?

What do you believe? why do you believe that?

Is there anything else?

 QUESTIONS ASKED OF AN APPLICANT FROM ASIAN COUNTRY

The officer asked the same questions that are asked in the visa application. The officer then compared the answers in the visa application, to the answers given that day to the officer. If the answers are different, the officer gets excited and gleeful, because he can find the applicant to be "inconsistent." If an applicant is "inconsistent," he can be denied asylum.

-do you remember the questions and answers on your visa application, which is Form Ds-160?

You were asked: 1] what is the purpose of your trip to USA?

2] what is your intended length of stay? just 14 days?

3] who is your present employer? what did you tell your employer before you departed from your country? Did you tell lies to him?

4] have you ever traveled to other countries? which ones, when, and why?  And, then, you voluntarily returned to your own country, that you say is "dangerous"?  If it is so dangerous, why did you return to it?

5] have you ever been arrested? 

6] have you ever given money to a "terrorist organization"?

     What is a "terrorist organization" according to USA?

You don't know? OK, then how can you answer this question?

7] Did anyone assist you in filling out this application?

8] Let's talk about "chain of custody" of a letter. What does "chain of custody" mean?  It means, who possessed the letter, from the time it was written, until it was given to the asylum officer.

For example, Mr. Aung sits at his desk in Yangon, and writes a letter on a sheet of paper. He puts the letter in an envelope, and hands it to his wife. His wife goes to the tea shop, and hands the envelope to Mr. Zaw, who puts it into his suitcase. Zaw then flies airplane to JFK airport, and meets his wife. Zaw gives the envelope to his wife. His wife then gives envelope, and the letter to their lawyer, in his office, in Brooklyn. The lawyer then hands the letter to the asylum officer.

Another example: Mr. Aung hires a broker to get a passport. The broker walks into the passport office and makes a request. The office creates a passport for Mr. Aung.  The broker returns to the office later; the official hands Mr. Aung's passport to him. The broker goes to the home of Mr. Aung, walks in, and hands it to the wife of Mr. Aung. Later that day, Mr. Aung comes home, and the wife hands the passport to him. Mr. Aung puts the passport into his suitcase, flies airplane to JFK. Mr. Aung brings passport with him to the asylum office, and hands it to the officer.

Who had physical possession of the passport? Who had "custody" of it? What is the "chain of custody"?  In the passport example, first, the official in the passport office has the passport. He hands it to the broker. The broker hands it to the wife. The wife hands it to Mr. Aung. Mr. Aung hands it to the asylum officer.

An activist from Iraq

 Government lawyer questions, to an activist from Iraq:

are fingerprints clear?

The NTA says what?

any travel advisories?

any photographs

your activities in USA?

ever been arrested? your employment history?

did you ever criticize your government? how? did officials in your government read your criticisms? did anyone ever tell you, that they read your criticisms?

= = =

some people were offended by your words?

What words did they say? did they make an explicit threat, or a direct threat?

You say your government reads Facebook postings of people in USA? why do you think that?

Did a member of your family receive  a threat? how was the threat delivered? face-to-face?

Who threatened her? Mr. X? why do you think Mr. X was a member of the government?

You departed from your country five years ago? Any changes in your country, since then?

Your government has forgotten about you?

You lived in the southern part of your country? So, why not go live in the norther part?

What does your passport say about you, you travels, and your government?

= = 

Are you a member of an organization?

did they give you a membership card?

Is that organization engaged in violence?

 Asylum Officer questions, December 2022, of an activist from a country in Asia:

Did you have assistance preparing your asylum application?

How did you find your lawyer? how many meetings did you have with him? how was your personal statement prepared?

Tell me your employment history

If you return to your country, where would you work?

Why did  you apply for asylum?

Did you suffer any physical harm?

Were  you ever threatened? tell me the month/year/city

What was the most serious threat you received?

You say a man came to your house. How do you know he worked for the government?

Did you receive any indirect threats? 

What is your religion? is your religion important to you?

What is your ethnic group?

When the man came to your house, what language did he speak?

His words were ambiguous, and apparently harmless. So, why do you believe he threatened you?

What would happen if you return to your country? What would happen at the airport?

Do you know anyone from your country, who came to USA, and then returned to your country? What happened to them upon arrival at the airport?

Has anyone been looking for you, in your country, since you have arrived in USA? 

Why are they looking for you?

Where would you live, if you return to your country?

You say you have protested in front of your embassy in Washington DC. So what? How would government officials in your country know what you did in Washington DC?

Have you seen yourself on video or photos in any social media at any protest?

Has anyone seen you, and told you, they had seen you?

Did you search the news, social media to see if you were presented in any pictures at the protest?

Are  you politically active on Social Media?

How are you politically active on social media?

What is your Facebook name?

Where would you live, if you return to your country?

Do you know of any person from your country, who studied in USA, and then returned to your country?

In your asylum application, you said RACE was important? why?

In your asylum application, you said  RELIGION was important? why?

In your asylum application, you said PARTICULAR SOCIAL GROUP was important? why?

What is your mother doing? she has not suffered physical harm? why not? how do you communicate with her?

Do you have any family members who have suffered harm? If they have not suffered harm, why would you?

Your brother told you that two men talked to him on the street? 

why did he believe they were from the government?

What do you believe? why do you believe that?

Is there anything else?

 Asylum officer questions of an activist from Burma:

-did anyone help you with your application? how did they help you? how did you write your written statement? was it read back to you in your native language?

How many times did you apply for a tourist visa? who helped you apply? what lies did you tell to get the visa?

Is the information DS-160 true and correct? If you have not read it recently, how do you know what it says? You had a face-to-face interview with US officer to get your visa? You lied to him?

Can you repeat page 1 of Form I-589? pages 2-4? Tell me the birthdays of each of your children, and your wife

What was your last address, before coming to USA? What is the date of your departure from  your country? what date arrive in USA?  Tell me all of your international travel!

Why do you want asylum? Why is government angry at you?

How did you participate in the protest? you sat in a chair? you walked in the street, chanting slogans, and carrying big signs? did your government see you do that? how do they know what you were doing?

How was the protest organized? tell me, step by step, how it came to be. How were people notified of the event? Did you do something? If someone videotaped you on their phone, what would the video recording show that you were doing? Standing? walking into a house? distributing pamphlets?

Where were you at the moment of your arrest? Were you harmed physically? Emotionally, by being threatened? What happened upon arrival at police station? What did officer #1 say? What did Officer #2 say? did they have any weapons? did they use their weapons, on you?

What harm did the other protesters suffer? How long were you detained? what happened on the day of your release? What is a "lakh"? What is a kyat?

In 2016, you voluntarily returned to your "dangerous" country, but you were not arrested then? why not?

What would happen if you return to your country tomorrow? How would they know you returned? If you return to Mandalay, how would they know that you had protested in Yangon? What is a "household registration list"? Does each village actually enforce this list, or is it ignored? 

Why not live in Bago? or in Mandalay? 

Do government agents spend time looking at Facebook and Youtube? do they threaten people who post anti-government things on Facebook?  Does your government hire Infiltrators, Spies, and Informers in the USA? how do you know?

Why was your sister arrested? Do the police in Mandalay know about your problems in Yangon? How would the government find out?

What is your political opinion? did you exercise your First Amendment privileges here in USA? did you exercise your freedom of religion rights here in USA?

How would soldiers know if you return? Did the soldiers recently kill persons similarly-situated to you?

How are the Chin people treated? How are Christians treated? 

Did you give material support to a group that shoots guns against your government? Even under duress, did you give information or a glass of water to a group that has guns?

If you return, how would they find you?  How would they find you?  Is there anything else?

 Questions asked of a "sexual minority" from Pakistan, by an asylum officer:

Have you ever lied to US government about anything?

who helped you do your I-58(? how was it prepared? who wrote your personal statement?

What did you say on your application for tourist visa? Did you read your answers to Form DS-160 before sending it in? Is Everything on it accurate?

Tell me your complete immigration history with USA: your first application: for a student visa? for a tourist visa?  Then you applied for asylum? for a work permit? did you ever violate US immigration laws? work without a permit?

Tell me about all of your international travel: what was your status in each country? did you ask for a visa to visit China?

Did you make written applications for anything, that I can read, to see if you lied or were inconsistent? You don't need asylum in USA, because you can get status in England or in France?

Let's see if you can repeat everything you wrote on page 1 of Form I-589. Can you repeat page 2, 3, and 4? 

Why are you seeking asylum? Whom do you fear? Just the government, or also other people, such as private citizens?

Why do you fear returning? what would happen?

Did you suffer physical harm in your country?

When did you realize you were a sexual minority? How are similarly-situated persons treated in your country?

What attracted you to your first serious partner?

What did your father think about your life style? your older sister?

When he insulted you, how did that make you feel?

How did you feel after that event?

Did you join any organizations in your country? did you join any organizations in USA? do you have a membership card?

How do you "show support" for that organization? Did  you do anything that could be seen by someone else? Did you do anything to bring yourself to the attention of your government?

Inside the prison, what words did the guard say? did he have any weapons? what did he do with the weapons? where on your body did he hit you? Why is there no letter from a doctor, describing your injuries?

Why did the guard hit you?

How would the government know you were a sexual minority? or a member of the opposition? or know you criticized them?

Were you ever threatened in your country?

What documents exist, anywhere in the world, that corroborate your claims? why aren't those documents here, in front of me?Did you even attempt to get the hospital records? did you even ask your father to go get hospital records?

Did other similarly-situated persons suffer in your country?

Is there anything else?