Asylum Application, Client Declaration, and Supporting Evidence
As you begin working with your client, you will draft his or her asylum application (the I-589), and a declaration with a detailed account of her or his story. You will also gather supporting evidence that corroborates your client’s story.
I-589 Asylum Application
Applications for asylum, withholding of removal, and protection under the Convention Against Torture all require a form I-589. You will file this form in immigration court at a Master Calendar hearing, or your client may have filed this document pro se before you started working on the case.
Most detained asylum seekers who are in removal proceedings have passed a “credible fear interview” conducted by a USCIS Asylum Officer, soon after they were first encountered by DHS. Your client should have a copy of the decision and transcript from this interview. You should make sure to review the transcript of the credible fear interview as you are preparing your client’s I-589 and declaration. However, we generally do not advise submitting the credible fear interview as an exhibit with your supporting documents.
Along with your client’s I-589 application, you will work closely with your client to draft a detailed declaration that fleshes out your client’s story.
Asylum applicants are required to corroborate their testimony with supporting evidence when it is available. The materials below will help you determine what evidence to obtain and how to obtain it.
Practical tips from a clinical social worker who has provided expert testimony in numerous asylum cases about best practices when working with a mental health expert on an asylum case.
This guide will walk you through exactly how to file FOIA requests to obtain your client’s records from DHS. FOIA requests, if needed, must be filed ASAP. Please seek your mentor's advice if you think a FOIA request is needed for your case.
Need Assistance?If you are a volunteer attorney working on a case with the Immigration Justice Campaign, find out how to get individualized help with your case.
The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. To learn more, please go to scam.immigrationcouncil.org.