Gathering Evidence to Support Your Case

This resource is an overview of the different types of evidence available to support your application for asylum. If you have questions after reading this document in its entirety, we welcome you to register for our weekly group legal consultation here. Information that applies only to applications filed ONLINE will be in orange.

What is supporting evidence?

How much evidence do I need?

When should I submit my evidence?

Supporting evidence is any written, audio, or visual record that proves an aspect of your personal statement. Most asylum applications include many pieces of evidence. The types and number of pieces of evidence required varies by case.

There is no set number! What matters most is that you submit quality evidence that demonstrates why you left your home country and cannot return.

You can always submit more evidence at your asylum interview or when you attend court. However, be sure to submit your personal identification at the time you submit your application.

NOTE: If you are submitting your application online, you are not able to upload evidence after you submit form I-589. The only option currently available is to mail your evidence in to USCIS, however, we recommend you bring any additional evidence with you to your asylum interview.

Start Here: Cover Letter

The cover letter is an important part of your asylum application. Not only does it introduce your claim, but it is your opportunity to demonstrate that your application is strong and organized. You should submit a cover letter for both online applications and mail-in applications.

Please view the sample cover letter below:

U.S. Citizenship and Immigration Services

[Your Service Center]; ATTN: Asylum

[P.O. Box #####]

[City, State ZIP Code]

[DATE]

RE:     Form I-589, Application for Asylum and Withholding of Removal

           APPLICANT: [YOUR NAME]

To whom it may concern:

My name is [FULL NAME] and I am a pro se applicant and citizen of [HOME COUNTRY] seeking asylum in the United States. [If you have derivatives (children or a spouse) attached to your application, list them too.] Enclosed, please find the following documents in support of my claim for asylum:

  1. [Any copies of documents you received relating to your visa or court notices if you crossed the border]

  2. An original copy of Form I-589: Application for Asylum and for Withholding of Removal

  3. [Continue list with each document you are submitting]

Sincerely,

[YOUR SIGNATURE]

[YOUR FULL NAME]

[YOUR PHONE NUMBER]

[YOUR MAILING ADDRESS]

This cover letter can make a great first impression on the government official reading your application. The more organized your evidence is, the more focus there will be on your claim and why you need asylum in the U.S.

Written Statement (“Your Asylum Story”)

RIF has a web page titled “How to Write Your Asylum Story” that contains resources in English, Spanish, French, and Russian on how to get started with this statement.

Supporting Evidence

There are 5 different types of evidence that support your application. Below is a list followed by a detailed description of each category:

  1. Personal Identification

  2. Family Identification

  3. Specific Claim of Eligibility (reason for seeking asylum, like politics, religion, sexual orientation, etc.)

  4. General Country Conditions

  5. Criminal History (The US views crossing the border without permission as an immigration law violation. Please see more information below if this applies to you.)

NOTE: These categories come from the USCIS online application. Even if you are applying by mail, having your evidence divided up into these categories will be helpful to the person reading your application.

ATTENTION!: Do not mail any of your original documents: only send copies! Mail gets lost easily and you don’t want to risk losing anything. You should bring your original documents and an extra photocopy of each document to your interview just to be safe.

Personal Identification

Directions on USCIS Online Application: Upload a copy of each page (cover to cover) of your passport, other travel documents, and any U.S. immigration documents.

We recommend you upload other identification if you have it, such as a birth certificate, military or national identification, or driver’s license. Bring your passport and other original document(s) to your interview.

Purpose: The U.S. government wants to make sure you (and your derivative family members also seeking asylum) are who you say you are.

What does a Personal Identification document need to show?

  • Your full name

  • Date of birth

  • Place of birth

  • Nationality

Examples:

  • Current or expired passports

  • National ID card

  • Voter registration card

  • Driver’s license

  • Birth certificate

  • Marriage certificate

  • Household registration

NOTE: If you are including family members on your application, you must include their personal identification documents as well.

Family Identification

Directions on USCIS Online Application: You may upload documents that prove the identity of each family member you are not including as a dependent, and your relation to them.

Proof of identity may include a copy (every page) of each relative’s passport, other travel documents, and any U.S. immigration documents. Evidence of such relationship may include birth records of your children, marriage certificate, or proof of termination of marriage.

If you do not have (and cannot get) personal or family identification, you must try to provide other kinds of evidence such as medical, religious, and school records. We call this “secondary evidence.”

You can also provide a statement or letter form anyone who knows about the event or relationship you are trying to prove. For example, someone who witnessed the birth of your child can write a statement describing the facts surrounding that event.

Purpose: The U.S. government wants to make sure your family members are accurately listed in your application.

What does a Personal Identification document need to show?

  • Your full name

  • Date of birth

  • Place of birth

  • Nationality

Examples:

  • Current or expired passports

  • National ID card

  • Voter registration card

  • Driver’s license

  • Birth certificate

  • Marriage certificate

  • Household registration

NOTE: If you are seeking asylum and cannot get records because your family has harmed you, please look at the bolded and italicized paragraphs above.

Specific Claim of Eligibility

Directions on USCIS Online Application: Evidence may include newspaper articles, affidavits of witnesses or experts, medical and/or psychological records, doctors’ statements, periodicals, journals, books, photographs, official documents, or personal statements or live testimony from witnesses or experts.

If you have difficulty discussing harm you have suffered in the past, you may wish to submit a health professional’s report explaining this difficulty.

If evidence supporting your claim is not reasonably available or you were not providing such corroboration at this time, you must explain why and upload this explanation.

You may also upload an affidavit from at least one person for each event you are trying to prove. Affidavits may be provided by relatives or others. Persons providing affidavits need not be U.S. citizens or lawful permanent residents.

NOTES ON USCIS INSTRUCTIONS

  • Affidavits are written statements (letters) from witnesses

  • To support your asylum claim, you can also try to get either a medical or psychological evaluation in the U.S.

A. EVIDENCE OF YOUR GROUNDS FOR SEEKING ASYLUM

The five grounds for asylum are…

  • Race

  • Nationality

  • Religion

  • Political opinion

  • Membership in a particular social group

You can choose more than one.

Proof of Grounds:

Nationality

Religion

Political Opinion

Membership in a Particular Social Group, Including;

LGBTQIA+

Gender

Medical condition (like being HIV+)

B. EVIDENCE THAT SUPPORTS YOUR PAST PERSECUTION AND/OR FEAR OF FUTURE PERSECUTION

When connected to the evidence of your grounds for asylum, the documentation below will show the U.S. government the dangers you have faced or will face if you return to your home country.

NOTE: Witnesses can testify about a specific event of persecution or the physical and psychological effects this has on you. Also, as noted in the directions above, any person with knowledge of your experience of persecution is able to submit an affidavit in support of your claim.

Type of Persecution

Specific events of persecution against YOU

Specific events of persecution against family, friends, and/or colleagues

Physical and/or psychological harm

Abuse from authorities

Example:

Identity documents with your nationality

Religious marriage document

  • Religious ordination document

  • Letters from religious organizations or your house of worship

  • Photos/videos of you engaged in religious activities

  • Baptism certificate

  • Articles or social media posts you have written that are religious in nature

Political party or organization documents (like membership card, letter from party/organization’s leadership confirming your membership)

  • Photos/videos of you engaged in political activities

  • Articles or social media posts you have written that are political in nature

See below.

Articles or social media posts you have written that identify you as LGBTQ+

  • Photos/videos of you participating in LGBTQ+ events with other members of the LGBTQ+ community

  • Letters from organizations confirming your membership and/or participation

  • Letters from others within the LGBTQ+ community confirming your LGBTQ+ identity and/or activities (this can include partners)

Identity documents that include your gender

Medical records

  • Letters from health professionals in your home country or the U.S.

  • Prescriptions

  • Photos

Examples

Articles or social media posts specifically about this event

  • Photos/videos of this event

  • Letters from witnesses of this event

Articles or social media posts specifically about this event

  • Photos/videos of this event

  • Letters from witnesses or victims of the event

Medical records

  • Letters from health professionals

  • Prescriptions

  • Photos

Record of charges brought against you (police summons, court/prison documents, etc)

Notes

This could be about the event or the effects of the event on you

  • Could be multiple affidavits

  • Audio/video proof will need to be transcribed and translated (if applicable)

This could be about the event or effects of the event

  • Could be multiple affidavits

  • Audio/video proof will need to be transcribed and translated (if applicable)

Medical records can be from your home country or the U.S.

If your arrest records are difficult to obtain, explain why you cannot access them.

General Country Conditions

Directions on USCIS Online Application: You may upload reasonably available corroborative evidence showing the general conditions in the country from which you are seeking asylum.

While the evidence described in #3 is the most important for supporting your asylum case, it may be helpful to include examples of the dangerous conditions in your country that would put you at great risk if you were to return home.

Be sure to not include too many of these types of evidence. The focus should stay on YOUR PERSONAL experience with prosecution and too much about country conditions could confuse the person reviewing your application.

Additionally, asylum officers have their own information on country conditions, so it is best to focus on your experiences.

Criminal History (including immigration law violations in the U.S.)

Directions on USCIS Online Application: If you or anyone you included in this application has been arrested in the United States, you should upload a certified copy of all arrest reports, court dispositions, sentencing documents, and any other relevant documents. These documents, if applicable, must be submitted before a decision is made on your case.

NOTE: The U.S. government views immigration law violations as criminal activity, so if you crossed the border without a visa, be sure to include all documents from court with your application.

Translating Evidence into English

All evidence submitted in a language other than English MUST be translated. USCIS requires the following:

Translators must be:

  • Fluent in English

  • Fluent in the language being translated

  • Cannot be a you or a family member included in your application

  • Does not need to be a professional translator

Translation must:

  • Include all the text in the document

  • Use brackets to show where there are images, logos, barcodes, and signatures

  • Must include a signed Certificate of Translation (see below)

  • PLEASE NOTE: Certificate of translation does not need to be from a specialized translation company, it can be an individual you know!

I, [translator’s full name], certify that I am fluent in English and [other] languages and that this document is a true and complete English translation of the attached [other]-language document.

[Translator’s signature]

[Translator’s full name]

Submitting Evidence Online

For asylum-seekers submitting their evidence online, there are strict requirements on the types of evidence accepted through their portal. Ensure your evidence:

  1. Is clear and readable

  2. One of the following file formats: JPG, JPEG, or PDF

  3. Not encrypted or password-protected files

  4. If your documents are in a foreign language, upload a full English translation and the translator’s certification with each original document (see explanation below)

  5. Upload no more than five documents at a time

  6. File names contain ONLY the following characters: English letters, numbers, spaces, periods, hyphens, underscores, and parentheses

  7. Maximum size: 12MB per file

  • TIP: If your file is too big, you can condense the file using a “file compressor” or upload the documents in parts. Be sure to verify all documents are still easy to read after you compress them.

NOTE: If you have video or audio file evidence, you will need to either:

  1. Upload this evidence to a safe website (like YouTube) and provide accessible links in a PDF document OR

  2. bring this evidence to your interview on a USB drive.

DISCLAIMER: While this handout includes tips often used by asylum attorneys when preparing evidence in asylum cases, none of the information provided in this guide or the corresponding presentation should be construed as legal advice. Every asylum claim is unique, and it is impossible to advise an asylum seeker about their case without knowing the specific facts and circumstances of their situation. Asylum seekers are encouraged to consult with an asylum attorney to obtain legal advice about their individual asylum claims.