Asylum Offices around the country have become very busy. Oldest and newest cases, cases that were previously before the Immigration Court, and sometimes seemingly random cases are being scheduled for interviews. Often times, there is little advanced notice prior to the interview date. This means that applicants do not always have enough time to gather and submit their evidence, which is usually due at least a week before the interview.

Since it is not possible to know when you might be scheduled for an interview, or how much advanced notice you will have before the interview, the best approach is to gather your evidence now, so you are ready to go when the time comes.

What type of evidence is needed for an asylum case? It is helpful here to start with the law, which states that “the trier of fact may weigh the [applicant’s] credible testimony along with other evidence of record.” “Where the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence.” See INA 208(b)(1)(B).

In other words, if you claim that something happened (you were attacked because of your political opinion, for example), you are required to provide evidence about what happened (such as a medical report, photos of your injuries or a letter from someone who witnessed the attack). If you are unable to provide such evidence, you should be prepared to explain why you could not get the evidence. It is better to have the evidence than to explain why you don’t have it, and so do your best to gather documentation for the important elements of your claim.

The evidence you need depends on what happened in your case. If you were arrested, harmed or threatened, get evidence such as police and court documents, medical records, photos of injuries/scars, and copies of any threats. If your case involves political activity, get party membership cards, receipts, letters from the party, and photos at political events. If it is a religious case, get evidence of your religion: Letters from church leaders and/or members, photos at religious events, certificates, membership documents, and government IDs, which sometimes list religion. If the case is based on nationality, ethnicity or race, get evidence that you belong to the group in question, such as identity documents or membership in ethnic organizations.

It is also helpful to have evidence about yourself and your background, including your passport and birth certificate, marriage certificate, birth certificates and passports for your spouse and children (family documents are necessary if you want to include your family members in your case or bring them to the U.S. later, if asylum is granted). Also, you can include education and employment documents, awards and certificates, membership in organizations and religious institutions.

If you served in the military, you should get evidence about your service, as you will be asked what you did, including whether you ever violated anyone’s human rights.  

If you lived in a third country, you need to show that you did not have permanent status in that country. If the Asylum Officer believes you were able to live permanently in a third country, you could be blocked from asylum in the U.S. Evidence here might include temporary residency documents, visas or a letter from a lawyer in the third country indicating that your status was temporary.

If you were arrested in your country or anywhere, including the United States, you should get your arrest and court records. An arrest in the U.S. (or a criminal arrest overseas) can block an applicant from asylum, and so if this is a concern, talk to a lawyer about the immigration consequences of any criminal issues. 

For people claiming asylum based on membership in a particular social group, such as sexual orientation or family membership, you would want some evidence that you are a member of that group.

If you have scars or other evidence of physical harm, including female genital mutilation, you can get a doctor’s report about the injuries. You can also include expert reports, such as psychological evaluations, forensic medical reports or reports from people (professors, journalists, diplomats) who have a specialized knowledge about the conditions in your country.

You should get letters from friends, family members, and others who know about your activities or problems. I wrote previously about what makes a good letter. 

If any of your close family members applied for or received asylum, refugee or other humanitarian status (including SIV status) in the U.S. or abroad, try to get evidence of that status. It can be very helpful to show that other family members–who are often similarly situated–have been persecuted or have already received asylum.

You should include evidence of country conditions. These can be human rights reports, news articles, and the U.S. State Department report for your country. 

Any document not in English must be properly translated with a certificate of translation. Otherwise, the Asylum Office will not consider it. Since obtaining translations can be time consuming, it is best to get this done as soon as possible. 

Finally, it is important to review all the evidence to ensure that it is consistent with your statement and with the other evidence. Inconsistent evidence can lead to a determination that you are not credible, so be sure to review the evidence you submit.

If you have your evidence ready to go now, you will be much better positioned when you get called for an interview, and you will increase the likelihood of a positive outcome in your case.