The Asylum Officer asked:
-who prepared your application? who helped you?
Can you repeat everything on page 1 of the I-589?
What was your last address before arriving in USA?
Tell me about all of your international travel: for each country, can you live there today, and why didn't you apply for asylum in that country?
-for each country you lived in, what was your immigration status?
=
what is the immigration status of each member of your family?
=
before they FGM on you, did they give you an anesthetic?
What complications did you suffer, afterwards?
did they remove all of the stitches?
was there pain upon urination?
=
Do you have a political opinion? what is it?
When did it begin?
What did you do, in opposition to your government?
If a movie camera or camcorder followed you around, without any sound, what would be recorded?
How did you criticize your government? when, and where?
Does government know that you criticized it?
=
if you say 8 sentences in a row, can the interpreter translate everything? NO? so why not just two sentences and stop?
Is a picture or a drawing worth 1,000 words? Yes! [so, create more exhibits which are drawings]
=What is your ethnic group? from your appearance, can people tell what group you are in?
-ethnic group is permanent, and easy to see, whereas a political opinion could be secret and ever-changing?
=
After you departed from Sudan, you returned there several times, voluntarily?
Tuesday, April 15, 2014
Common reasons why people were denied
COMMON REASONS WHY PEOPLE WERE DENIED ASYLUM:
1.the applicant was inconsistent. He could not repeat, orally, what he had written. Or, the letter from his mother was inconsistent with what he said
2. the applicant voluntarily returned to his country, after he was injured. For example, Mr. C was beaten and imprisoned in his country in 2012. Then, he departs from his country in 2013, is gone for three months, then he voluntarily returns;
then, six months later, he daparts again, and comes to the USA. He says, "I need asylum because it is very dangerous in my country." The Asylum Officer thinks: you departed from the "dangerous" country in 2013, and then you returned to it! If it is really so dangerous, you would not have returned to it."
3. the applicant did not report his problems to the police; the applicant did not seek protection from his own government. Why should the USA give you asylum, if you have not demonstrated that your own country will not help you?
4. Your mother and brother were not beaten and imprisoned. Why not? This shows the government does not hate your entire family. [perhaps they were not beaten because they were not active in politics]
5. Your government has forgotten about you. You think you are a big deal, but no one in your country cares about you anymore. You left your country years ago; they worry about current dissidents, not dissidents from years ago.
1.the applicant was inconsistent. He could not repeat, orally, what he had written. Or, the letter from his mother was inconsistent with what he said
2. the applicant voluntarily returned to his country, after he was injured. For example, Mr. C was beaten and imprisoned in his country in 2012. Then, he departs from his country in 2013, is gone for three months, then he voluntarily returns;
then, six months later, he daparts again, and comes to the USA. He says, "I need asylum because it is very dangerous in my country." The Asylum Officer thinks: you departed from the "dangerous" country in 2013, and then you returned to it! If it is really so dangerous, you would not have returned to it."
3. the applicant did not report his problems to the police; the applicant did not seek protection from his own government. Why should the USA give you asylum, if you have not demonstrated that your own country will not help you?
4. Your mother and brother were not beaten and imprisoned. Why not? This shows the government does not hate your entire family. [perhaps they were not beaten because they were not active in politics]
5. Your government has forgotten about you. You think you are a big deal, but no one in your country cares about you anymore. You left your country years ago; they worry about current dissidents, not dissidents from years ago.
Monday, March 31, 2014
do you know what mother knows?
The Asylum Officer asked:
-is your government still looking for you? No, said applicant.
-is your government still looking for you? No, said applicant.
=
Asylum denied. Mother had written a letter, mailed to applicant, which was then
given to the asylum office, which said, "the police came and asked about you last week."
=
In other words, the asylum officer knew more about the letter from mother than the
daughter-applicant did.
-is your government still looking for you? No, said applicant.
-is your government still looking for you? No, said applicant.
=
Asylum denied. Mother had written a letter, mailed to applicant, which was then
given to the asylum office, which said, "the police came and asked about you last week."
=
In other words, the asylum officer knew more about the letter from mother than the
daughter-applicant did.
Thursday, March 27, 2014
an activist from Tunisia
The Asylum Officer asked this of Ms. T, from Tunisia:
-did anyone help you do your application?
let's see if you can repeat everything on page one!
Can you repeat what is one page four of Form I-589!
-how do you support yourself here in USA?
=
Why are you applying for asylum?
Why you fear your family?
Why you fear the extremists?
Tell me, in detail, about the physical harm you suffered?
Did you suffer emotional harm?
=
Is there a reason why you can not tell me more details?
Why did the soldier hit you?
Why was your sister raped by the sidewalk vendor?
Did he tell your sister why he raped her?
What words did he say during the rape?
=
what is the platform of your political party?
Why did you decide to join it?
How would anyone know you were a member of that party?
=
What was the worst thing that happened to you because of your political opinion?
What was the worst thing that happened to you becauses of your religion?
What would happen to you if you return to your country?
On the street, the man hit you? why not report this to the police?
Why didn't you go to the doctor?
What was your last contact with your family?
What did your mother tell you?
=
Is the Government still looking for you? why do you think that?
Are the extremist still looking for you? why do you think that?
Is there anywhere in your country where you could go , and be safe?
You had problems in City #1; OK, so why not live in City #2?
=
You traveled to France? why not apply for asylum there?
Is there anything else?
-did anyone help you do your application?
let's see if you can repeat everything on page one!
Can you repeat what is one page four of Form I-589!
-how do you support yourself here in USA?
=
Why are you applying for asylum?
Why you fear your family?
Why you fear the extremists?
Tell me, in detail, about the physical harm you suffered?
Did you suffer emotional harm?
=
Is there a reason why you can not tell me more details?
Why did the soldier hit you?
Why was your sister raped by the sidewalk vendor?
Did he tell your sister why he raped her?
What words did he say during the rape?
=
what is the platform of your political party?
Why did you decide to join it?
How would anyone know you were a member of that party?
=
What was the worst thing that happened to you because of your political opinion?
What was the worst thing that happened to you becauses of your religion?
What would happen to you if you return to your country?
On the street, the man hit you? why not report this to the police?
Why didn't you go to the doctor?
What was your last contact with your family?
What did your mother tell you?
=
Is the Government still looking for you? why do you think that?
Are the extremist still looking for you? why do you think that?
Is there anywhere in your country where you could go , and be safe?
You had problems in City #1; OK, so why not live in City #2?
=
You traveled to France? why not apply for asylum there?
Is there anything else?
Thursday, March 13, 2014
questions to a Burmese
The asylum officer asked:
"will you answer in as much detail as possible?"
-is "lack of detail" a very common reason to be denied asylum?
-did anyone help you with your application?
Are you aware of the contents of your application?
Did you write the English version of your statement?
=
Show me your passport! I want to study it in silence for two minutes!
=
what is your name/address/DOB/POB?
can you repeat your answers to everything on page one of I-589
Why did you apply for asylum?
Were you harmed in the past? tell me about 1] physical harm 2] emotional harm 3] economic harm
Why was your borther's shop attacked?
If you return, who would harm you? Why?
=
How do people know that your brother is a Muslim?
How do people know you are in the "Karen" ethnic group?
How much of the news is reported by the media?
Are there any other reasons why you do not want to return to your country?
=
Do you know anyone who was arrested because he wrote a letter to the government?
Do you know anyone who was arrested because he protested in Burma?
anyone who protested here in USA?
How did you show your opposition to the government?
were there any other ways?
What were your activities in USA?
Is there anything else?
"will you answer in as much detail as possible?"
-is "lack of detail" a very common reason to be denied asylum?
-did anyone help you with your application?
Are you aware of the contents of your application?
Did you write the English version of your statement?
=
Show me your passport! I want to study it in silence for two minutes!
=
what is your name/address/DOB/POB?
can you repeat your answers to everything on page one of I-589
Why did you apply for asylum?
Were you harmed in the past? tell me about 1] physical harm 2] emotional harm 3] economic harm
Why was your borther's shop attacked?
If you return, who would harm you? Why?
=
How do people know that your brother is a Muslim?
How do people know you are in the "Karen" ethnic group?
How much of the news is reported by the media?
Are there any other reasons why you do not want to return to your country?
=
Do you know anyone who was arrested because he wrote a letter to the government?
Do you know anyone who was arrested because he protested in Burma?
anyone who protested here in USA?
How did you show your opposition to the government?
were there any other ways?
What were your activities in USA?
Is there anything else?
Saturday, February 22, 2014
advice from a judge 2/21
An Immigration Judge made these suggestions:
1. do not use excerpts, unless you give me the entire report
2. during the hearing, interrupt, and say, "Judge, i call your attention to page 32, which is a letter from mother, which corroborates this event"
3. talk to DHS in advance, to narrow the issues
4. to determine fraud: interrupt the client with an irrelevant question, such as what color was the shirt of the guard; then see if client can return to his story'
4a. during the six months after the terrible event, did you get involved in any fights?
5. Ask this, "why did he hit you?"
6. if client writes part of the Dec, in bad English, it will have a ring of truth
7. prepare a one page summary, with bullet points
8. tell a story; judges are people, tell a story
9. we do not have a lot of time
10. this has the ring of truth: "A was raped, but she said the worst thing was to have to bend over to sweep with a short broom"
11. was there public or social humiliation?
12. get the prescription off of the bottle
13. be simple: "she has trouble sleeping"
14. what does IJ benchbook say?
15. many victims do not want to talk about their harm. They will tell the therapist things they will not tell their lawyer.
16. "fill in the boxes on the 589!"
17. compliment the client: "It takes courage to talk about these things"
18. what does the NY Times and the BBC say?
19. did your group suffer more than others/
1. do not use excerpts, unless you give me the entire report
2. during the hearing, interrupt, and say, "Judge, i call your attention to page 32, which is a letter from mother, which corroborates this event"
3. talk to DHS in advance, to narrow the issues
4. to determine fraud: interrupt the client with an irrelevant question, such as what color was the shirt of the guard; then see if client can return to his story'
4a. during the six months after the terrible event, did you get involved in any fights?
5. Ask this, "why did he hit you?"
6. if client writes part of the Dec, in bad English, it will have a ring of truth
7. prepare a one page summary, with bullet points
8. tell a story; judges are people, tell a story
9. we do not have a lot of time
10. this has the ring of truth: "A was raped, but she said the worst thing was to have to bend over to sweep with a short broom"
11. was there public or social humiliation?
12. get the prescription off of the bottle
13. be simple: "she has trouble sleeping"
14. what does IJ benchbook say?
15. many victims do not want to talk about their harm. They will tell the therapist things they will not tell their lawyer.
16. "fill in the boxes on the 589!"
17. compliment the client: "It takes courage to talk about these things"
18. what does the NY Times and the BBC say?
19. did your group suffer more than others/
Thursday, February 13, 2014
advice from a 5-year asylum officer
Mr. J.J. was an asylum officer for five years. He gives this advice:
1. to research country conditions, use "refworld."
the next best authority is Freedom House.
2. if grandmother writes a letter, make sure it is consistent with the story of the applicant!
3. the longer the declaration, the more chance for inconsistencies.
4. One Judge said, "just use the boxes on the I-589; do not even write a declaration; b/c someone will be inconsistent."
=
5. Officers often reject applicants due to lack of detail in their oral responses. For example, "why did you join the party?" a common, bad answer: "because I want democracy." Be specific. If you hate the dictator in your country, explain why: for example, "the dictator stole land from my father 20 years ago. That made my father mad; so I too am mad."
=
6. A better answer to "why did you join the XXX party?" "Because that party advocates for glass-walled ballot boxes, for the installation of drinking fountains in the middle of the city, for NOT paying high salaries to senators."
=
7. Officers love membership cards.
8. Yes, the officers care about the harm you suffered, but the officers care more about why you did the thing which caused the harm: i.e. you were hit on the head at the protest; yes, being hit is suffering harm, but why were you at the protest?
9. the head of your political party should write a letter of support.
10. When mailing package to Texas, put G-28 at the top. The people in Texas do not care about the cover letter [it will be taken from the top and put back into the middle of the package.
1. to research country conditions, use "refworld."
the next best authority is Freedom House.
2. if grandmother writes a letter, make sure it is consistent with the story of the applicant!
3. the longer the declaration, the more chance for inconsistencies.
4. One Judge said, "just use the boxes on the I-589; do not even write a declaration; b/c someone will be inconsistent."
=
5. Officers often reject applicants due to lack of detail in their oral responses. For example, "why did you join the party?" a common, bad answer: "because I want democracy." Be specific. If you hate the dictator in your country, explain why: for example, "the dictator stole land from my father 20 years ago. That made my father mad; so I too am mad."
=
6. A better answer to "why did you join the XXX party?" "Because that party advocates for glass-walled ballot boxes, for the installation of drinking fountains in the middle of the city, for NOT paying high salaries to senators."
=
7. Officers love membership cards.
8. Yes, the officers care about the harm you suffered, but the officers care more about why you did the thing which caused the harm: i.e. you were hit on the head at the protest; yes, being hit is suffering harm, but why were you at the protest?
9. the head of your political party should write a letter of support.
10. When mailing package to Texas, put G-28 at the top. The people in Texas do not care about the cover letter [it will be taken from the top and put back into the middle of the package.
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