Stage 3: Preparing For Your Trial/Asylum Interview
Preparing to Present Yourself
I’ve prepared all of my evidence. What else can I do to get ready for my individual hearing?
You will want to make sure that all of your evidence that is not in English is translated into English with a Certificate of Translation. The court cannot accept or consider evidence without a translation. You will also want to provide to the Judge any relevant country reports or news articles, especially if there is a country condition packet for your country and claim.
Everyone who applies for asylum has to be fingerprinted. Fingerprint appointments are generated by the Nebraska Service center. When you get fingerprinted, your fingerprint appointment will get stamped. Save this and bring this to Court. Also bring your passport and the original documents of any evidence you have submitted, if they are available.
If you have witnesses who are here in New York, they can come with you on the day of your hearing to testify in support of their witness statement. This allows the judge to give the letter full evidentiary weight.
Make sure to review any evidence you submit to make sure that what you are submitting to court is true and correct. Make sure you are familiar with the information you provide and can describe to the judge how you got that evidence.
You should also review your written statement and think about how you want to explain your situation to the judge. Make sure to focus on…
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Why are you afraid of going back to your country?
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Who are you afraid of?
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Why would this person or group want to hurt you? Is it because of your race, religion, nationality, social group, or political opinion?
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Can your home government protect you? Did you try to seek protection? If yes, what happened? If no, why not?
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Would it be reasonable for you to find a safe haven in another part of your country? If not, why not? These are the questions that the judge will want to answer when arriving at a decision in your case.
What are some things I should avoid doing during the trial?
If you do not know the answer to a question that the Judge or the government attorney asks you, do not guess. “I do not know” and “I do not remember” may be the answer.
If you can only estimate a date or time, say that to the Court. Do not give a specific date if you do not remember the exact date. Perhaps you can remember only the month and the year- say that.
If you do not understand the question, do not try to guess what the person is asking. Say you do not understand and the person can ask the question in a different way.
If you have trouble understanding the translator, do not just try to muddle through. Translation is very important and you want to make sure the facts are correct.
Do not be afraid to ask questions and speak up for yourself. If you do not understand a question, say that you do not understand it. If you feel there is confusion with the translation, say so. If the prosecutor says something incorrect, make sure to correct them.
Stage 3 Questions
Stage 3: Preparing For Your Trial/Asylum Interview
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What is a trial? Why do some people have trials and other people have interviews?
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What’s the difference between an asylum interview and a merits hearing?
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What is the difference between the master hearing and the individual/merits hearing?
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What will happen at the individual/merits hearing?
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What can I expect from my immigration lawyer?
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How can I find a lawyer?
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How can I avoid fraudulent lawyers?
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What happens if I can’t find a lawyer​​
Pulling Together Your Evidence
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How do I determine what evidence to prepare for my individual hearing?
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What is a country conditions packet and how can it help me?
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Is there anything I should not submit as part of my evidence?
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How do I submit my evidence?
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What happens if I don’t have a printer?
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I’ve prepared all of my evidence. What else can I do to get ready for my individual hearing?
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What are some things I should avoid doing during the trial?