133 Asylum Questions I Guarantee You'll Be Asked in Your Case

Full Transcript

https://www.youtube.com/watch?v=lRO7iJrpAHg

[00:00] if you're seeking asylum in the United States
[00:02] if you're seeking asylum in the United States then this message is for you
[00:04] the US government's going to ask you tons of questions
[00:07] and you've got to answer them
[00:08] in a way that shows that you meet all the requirements for a grant of Asylum
[00:13] so it's not easy
[00:16] if you don't do a good job in answering these questions then you simply won't get Asylum
[00:21] and you could end up being deported
[00:23] so let me ask you how would you like to know ahead of time the questions that you're going to be asked in your Asylum case
[00:29] so in a special free training I'm going to tell you the questions you can expect in your Asylum case
[00:34] if we're just not meeting I'm Brian Manning and I used to be an asylum officer with the government
[00:37] but now as an asylum lawyer well I help immigrants all over the country to secure their future in America through Asylum
[00:44] now I've conducted thousands of immigration interviews as an immigration officer with the US government
[00:51] so I know what you can expect to be asked in your Asylum case
[00:53] and I'm sharing this with you in this exclusive free training
[00:57] let's go to the training hey there and welcome to a very special training 428
[01:03] welcome to a very special training 428 questions to expect in your Asylum case.
[01:05] questions to expect in your Asylum case I'm Brian Manning I'm a political Asylum lawyer I used to be an asylum officer but now as a lawyer I help people from all over the country to secure their future in the United States through Asylum.
[01:15] so we're going to cover in this pretty detailed pretty extensive training the questions that you can expect to be asked by the U.S government in your Asylum case.
[01:29] all right so this is broken up into several sections.
[01:31] we're going to give you kind of an overview and then we're going to go into questions that you're going to get as part of the review of your Asylum application and kind of preliminary discussions that the Asylum officer or the judge in your Immigration Court case will do with you.
[01:47] and then we're going to go over past harm questions usually the Asylum officer will start the substantive questions with past harm asking you about anything that's happened to you in the past where you've been harmed and then they'll talk about they'll ask you questions about any.
[02:04] questions about any long-lasting consequences or harm that you've suffered stuff that still plagues you today or maybe at least kept affecting you from a long for a long time from those incidents of past harm.
[02:16] and then they're going to look towards the future and they're going to ask you questions about threats or circumstances that indicate that you're likely to be harmed in the future.
[02:26] so what is it that will convince the judge or the Assam officer that yeah you're still at risk if you go back to your country there's still a really good chance that you're going to be harmed.
[02:36] and then they'll ask you questions concerning the Nexus requirement what does that mean.
[02:42] well remember if you've seen any of my other trainings you you already know this but to win Asylum it's not enough to show that you've been persecuted or that you're likely to be persecuted in the future.
[02:52] rather you also have to show that the reason that the bad guys are harming you is because you possess one of the five protected characteristics under Asylum law and those are sometimes called the protected.
[03:04] those are sometimes called the protected grounds those are your race religion grounds.
[03:06] those are your race religion nationality political opinion or nationality political opinion or something called membership in a particular social group.
[03:10] so at some point during your Asylum interview or Asylum hearing you're going to get asked questions.
[03:16] so that the decision maker the officer or the judge can try to figure out what the motivation is on the persecutor side that is causing them to target you okay.
[03:26] and so then we're gonna go over questions that you're going to get if the persecutors are not from the government in other words if they are private actors meaning like they don't work for the government you're going to get some specific questions about that topic.
[03:40] why because there's a little bit more that you have to show to to win Asylum if the government is not the persecutor.
[03:49] and I'll say more about that when we get to that section and then at the end of your Asylum interview you'll get some kind of wrap-up questions that they just always ask people.
[03:57] so that's what you can expect really anyone can expect to get these questions at their Asylum interview okay.
[04:00] and then we're gonna go
[04:07] interview okay and then we're gonna go to some more specific topics that don't apply to everyone but they may apply to you depending on the facts of your case.
[04:15] we're going to go over questions that you might get concerning internal relocation.
[04:23] this is where you may be able to just go somewhere else in your country and be safe.
[04:26] if the officer thinks that you know what they could just move somewhere else and be okay then you won't get Asylum and this is especially relevant where the persecutor is not the government okay.
[04:36] when it's a private actor you do have to show the officer look I can't really be safe anywhere or there's at least some good reason why I shouldn't be expected to move.
[04:45] it would not be reasonable for me to go to wherever I could be safe okay.
[04:51] so they're going to ask lots of questions about that if the government is not the persecutor and then you may have questions about firm resettlement.
[04:57] this is when after leaving your country but before arriving in the United States you go to a third country some other country where you're physically present in that country if you have permanent.
[05:08] in that country if you have permanent status in that third country meaning status in that third country meaning like permanent residence or Asylum or like permanent residence or Asylum or some status that allows you to stay some status that allows you to stay permanently then you will not get asylum permanently then you will not get asylum in the United States due to the firm resettlement bar the idea is look you were firmly resettled in this other country you could have just stayed there you should have stayed there why would we give you protection here when you already had it somewhere else you could have just stayed there
[05:31] okay so if you were in another country after leaving your country but before coming to the United States you definitely need to check out these questions we're going to cover regarding firmary settlement even if you did not have permanent residents or you think that what you had was not permanent residence the Asam officer might think differently and they're going to ask you a lot of questions about this topic if you're living or even really present at all in any other country after leaving your country but before coming to the United States
[06:00] and then we've got the one-year filing deadline so as you may know to get Asylum normally you have to file during your first year in the United States if you don't do that
[06:08] United States if you don't do that you will not get Asylum unless one of two general categories of exceptions applies in your case.
[06:14] So if you filed your application more than one year after your most recent arrival in the United States you definitely need to check out these one-year filing deadline questions.
[06:24] Okay and then we're going to go into some specific case types or specific thing things that come up in certain cases based on the facts of the case.
[06:34] Like if you were ever arrested or detained you're going to get certain questions.
[06:39] If you were involved in political activities you're probably going to get questions along the lines of what I'll cover today.
[06:44] And then for people who are sexual minorities meaning members of the LGBTQ plus Community you can expect certain questions.
[06:50] And then there's religious conversion cases where you fear being harmed because you changed religions.
[06:56] There's family-based persecution meaning if you're being targeted because of your family because the bad guys don't like your family and they're going after you because of it.
[07:04] Or basically if you were if you were not a member of this.
[07:08] if you were not a member of this particular family you would not be targeted
[07:10] but you are being targeted
[07:11] you're gonna you're definitely gonna get some specific questions about that
[07:13] we'll go over domestic violence cases meaning like abuse by a partner spouse or a parent in the home
[07:17] female genital mutilation and then cases where there's gang activity
[07:21] when you're being threatened or harmed by a gang those are very all of these are very common Asylum case types
[07:26] and so we're going to go over some specific questions for each of those
[07:31] if you're positive that you know some of this stuff does not apply to you then you can skip that section
[07:34] but everything that we talked about a second ago all of this stuff on this slide and I would say probably all of this stuff too you should watch
[07:36] because this stuff and this stuff is really common
[07:39] these kinds of questions get asked in almost every case
[07:41] these though it will depend on the facts of your case and what your case is about okay
[07:42] so just let me say a couple words of introduction
[08:09] Introduction, this stuff, these questions that we're about to cover happen in the introduction of an asylum interview.
[08:15] So at the Asylum Office, there's like three sort of distinct phases and one of them is the introduction phase or kind of the administrative phase where the officer goes over some ground rules with you and just asks you a few introductory questions to get started before you get into the real substantive questions about your case.
[08:35] And so these questions that we're about to cover are some of those and you will get some of these in Immigration Court as well.
[08:45] So the officer likes, they like to ask this question something like, how are you feeling today or how are you doing, how's it going?
[08:51] And then they'll ask, is there anything going on that may affect your ability to understand or answer my questions today?
[08:56] Now, why are they asking these questions like, hey, how are you doing, how are you feeling?
[09:01] And this one about, is there anything going on that may affect your ability to understand my questions?
[09:04] Well, they want to get you to say, oh no, everything's good, I'm fine, nope, I'm great.
[09:08] So that later you cannot say oh.
[09:13] Great, so that later you cannot say, oh well, you know, please reconsider the negative decision in my case.
[09:17] It wasn't fair because I, I was sick that day and I was having trouble concentrating because I was sick and I had a fever and I couldn't, couldn't think straight.
[09:26] They basically are trying to take away your excuses with questions like these.
[09:30] And they may ask something like, has a medical professional ever diagnosed you with memory problems?
[09:34] Same idea here because sometimes people will say, oh well, you know, I just have a bad memory.
[09:39] Or maybe I have, I have medical, I have, I have a sort of a medical memory problem where I can't remember certain things, maybe due to trauma or any other reason.
[09:48] And that could be a reason why someone might not be able to remember things that the officer is asking them to talk about.
[09:55] And they don't want you to use this as an excuse like, oh, I have this, this issue with memory that I couldn't recall the things you were asking me about.
[10:03] They want you to say, oh no, no, I'm fine, I've got my memory is fine with questions like this.
[10:07] Okay, are you able to understand the interpreter?
[10:10] They don't want you to later be able to say, oh well, it was a problem of.
[10:13] oh well it was a problem of communication I just couldn't understand communication I just couldn't understand.
[10:16] The Interpreter very well assuming that you are in fact using an interpreter.
[10:20] and if you're not using an interpreter they may ask you can you understand me.
[10:23] if English is not your first language they'll say okay are you sure you're able to understand me well today and are you comfortable communicating in English.
[10:29] do you feel like you're fluent enough in English to keep doing this interview in English.
[10:33] all right why did you decide to move to wherever you're living like the city and state where you where you currently live.
[10:39] why are they asking you this because sometimes people do what's called Forum Shopping where they will just pick an asylum office with a higher approval rate than the one that they should be going to.
[10:50] and they'll say oh I live in San Francisco so usually San Francisco has the highest approval rate.
[10:55] and so someone might just make up an address or use the address of a friend or someone else in San Francisco even though they really live in Houston and the Houston Asylum office has a lower approval rate than San Francisco.
[11:07] so people will do this sort of thing and basically lie about where they live to get a more friendly Asylum Office.
[11:14] to get a more friendly Asylum Office and so the officer will sometimes ask.
[11:15] so the officer will sometimes ask questions about this like oh tell me why.
[11:17] questions about this like oh tell me why did you decide to move there and the.
[11:19] did you decide to move there and the last follow-up questions too to see if.
[11:22] last follow-up questions too to see if you can answer in a convincing way to.
[11:23] you can answer in a convincing way to show them that yeah no I really do live.
[11:25] show them that yeah no I really do live really do live here okay when and how.
[11:27] really do live here okay when and how did you find out about the Asylum.
[11:30] did you find out about the Asylum process when did you apply for Asylum.
[11:32] process when did you apply for Asylum now they have this in their records but.
[11:34] now they have this in their records but they ask you this anyways did anyone.
[11:36] they ask you this anyways did anyone help you prepare your Asylum application.
[11:38] help you prepare your Asylum application you're going to get lots of questions.
[11:40] you're going to get lots of questions about how your application got prepared.
[11:43] about how your application got prepared because at the Asylum Office especially.
[11:45] because at the Asylum Office especially the officers are really really uptight.
[11:48] the officers are really really uptight about this they they think that there's.
[11:50] about this they they think that there's fraud in just about every application.
[11:53] fraud in just about every application and they want to know how you did your.
[11:56] and they want to know how you did your application did so did you pay someone.
[11:57] application did so did you pay someone to do it for you did someone help you.
[11:59] to do it for you did someone help you was that person some shady form preparer.
[12:02] was that person some shady form preparer or so-called notario and they just they.
[12:06] or so-called notario and they just they seem really incentivized to try to.
[12:09] seem really incentivized to try to uncover fraud in the application process.
[12:11] uncover fraud in the application process so you'll probably get a lot of.
[12:12] so you'll probably get a lot of questions about how you went about.
[12:13] questions about how you went about preparing your Asylum application so you.
[12:16] preparing your Asylum application so you know if so if someone did help you like
[12:19] know if so if someone did help you like how did you find that person how did you
[12:20] how did you find that person how did you learn about them and what exactly did
[12:22] learn about them and what exactly did they do to help you prepare it and so
[12:25] they do to help you prepare it and so you need to be able to say exactly what
[12:27] you need to be able to say exactly what they did to help you when did you meet
[12:29] they did to help you when did you meet your attorney this is if you have a
[12:31] your attorney this is if you have a lawyer along the same lines there's
[12:32] lawyer along the same lines there's actually a lot of really shady unethical
[12:35] actually a lot of really shady unethical unprofessional lawyers out there that
[12:37] unprofessional lawyers out there that commit fraud and so Asam officers are
[12:40] commit fraud and so Asam officers are always on the lookout to try to look out
[12:43] always on the lookout to try to look out for these Shady lawyers okay how did you
[12:45] for these Shady lawyers okay how did you find your attorney and do you want to
[12:48] find your attorney and do you want to have your attorney present at your
[12:50] have your attorney present at your interview today
[12:51] interview today that they'll say that even if your
[12:53] that they'll say that even if your lawyer's in the room they'll want to
[12:54] lawyer's in the room they'll want to confirm that you want your lawyer to be
[12:56] confirm that you want your lawyer to be there with you all right did your
[12:58] there with you all right did your attorney help you prepare your Asylum
[12:59] attorney help you prepare your Asylum application and what specifically did
[13:01] application and what specifically did your attorney do to help with your
[13:03] your attorney do to help with your Asylum application
[13:04] Asylum application does your attorney speak your native
[13:06] does your attorney speak your native language sometimes that's not the case
[13:08] language sometimes that's not the case sometimes the attorney does not speak
[13:09] sometimes the attorney does not speak the applicant's language and so if they
[13:12] the applicant's language and so if they don't the officer will ask follow-up
[13:14] don't the officer will ask follow-up questions like well then how did you
[13:15] questions like well then how did you communicate and
[13:16] communicate and basically trying to figure out how you.
[13:18] Basically trying to figure out how you were able to manage working together if.
[13:21] Were able to manage working together if you don't speak the same language.
[13:22] You don't speak the same language because it could be a fraud indicator.
[13:23] Because it could be a fraud indicator this one's important did someone read.
[13:25] This one's important did someone read back to you in your native language all.
[13:28] Back to you in your native language all the information that's provided in your.
[13:29] The information that's provided in your Asylum application before it was.
[13:31] Asylum application before it was submitted basically do you know what's.
[13:34] Submitted basically do you know what's in your Asylum application and if you're.
[13:36] In your Asylum application and if you're not a native English speaker.
[13:38] Not a native English speaker even though you're fluent in English if.
[13:40] Even though you're fluent in English if you're not a native English speaker if.
[13:42] You're not a native English speaker if it's not your first language they want.
[13:44] It's not your first language they want to ensure that you know what was in your.
[13:46] To ensure that you know what was in your application and that you understood the.
[13:48] Application and that you understood the the questions being asked okay and so.
[13:51] The questions being asked okay and so if it's not your first language they.
[13:53] If it's not your first language they want to know well did someone read it to.
[13:55] Want to know well did someone read it to you like the questions and your answers.
[13:57] You like the questions and your answers to those questions in your language.
[14:00] To those questions in your language okay before you actually submitted it.
[14:02] Okay before you actually submitted it and then along those lines when they.
[14:05] And then along those lines when they read back the information to you in your.
[14:07] Read back the information to you in your native language was there any incorrect.
[14:09] Native language was there any incorrect or missing information.
[14:11] Or missing information also are you confident now that the.
[14:13] Also are you confident now that the information in your application is true.
[14:15] Information in your application is true and correct.
[14:17] and correct are there any changes that you know of?
[14:19] Are there any changes that you know of right now that we need to make to your application?
[14:22] And the officer is going to go through almost every question in your application with you and you can make changes at that as you come to anything that needs to be changed to be updated or corrected.
[14:31] But they also usually ask this question before they go through every everything with you and say, oh, is there anything that you you already know of right now that needs to be change to make it accurate?
[14:43] When was the last time you reviewed your application?
[14:46] Did anyone help you prepare your personal statement that you submitted with your application materials?
[14:51] Most Asylum applicants submit a personal statement or declaration in which they explain their case, explain their story in written format.
[14:59] And so the Asylum officers ask a lot of questions about this about how did you do it because people do commit fraud in this way.
[15:07] People will often just buy personal statement from somebody off of WhatsApp or whatever or have a friend or someone else write a statement for them that is not true, it's not their real.
[15:18] that is not true it's not their real facts of their case so you may get a lot of questions about how you did your personal statement if someone helped you who helped you and what did they do exactly to help you and did you look at any sample declarations or like any models or templates of declarations before you did your own statement like could you look at a sample you know online or whatever or from someone else that you know that already applied for Asylum did you write the personal statement on your own is it written in your own words did anyone suggest edits to your personal statement is all the information in your personal statement true and correct and did you ever apply to extend or change the status that you had when you entered the United States why are they asking about your status because for people who came on a Visa well for anyone your status at the time of a negative Asylum decision from the Asylum Office matters for what happens next in your case and so the officers they actually don't always know your status even
[16:19] don't always know your status even though they have records related to your
[16:21] though they have records related to your immigration history sometimes it's still
[16:23] immigration history sometimes it's still hard to determine whether you currently
[16:25] hard to determine whether you currently have ballot status and so they want to
[16:27] have ballot status and so they want to know okay like let's say you came on a
[16:28] know okay like let's say you came on a tourist visa or a student visa and that
[16:30] tourist visa or a student visa and that was set to expire at a certain time well
[16:32] was set to expire at a certain time well did you ever apply to extend or change
[16:34] did you ever apply to extend or change that status okay
[16:37] that status okay and they want to know what's the highest
[16:40] and they want to know what's the highest level of Education that you completed
[16:42] level of Education that you completed why are they asking questions like this
[16:44] why are they asking questions like this and also like this one what job did you
[16:46] and also like this one what job did you do in your home country why do they care
[16:48] do in your home country why do they care about that sort of thing they want to
[16:49] about that sort of thing they want to gauge your level of sophistication they
[16:52] gauge your level of sophistication they want to know if you're well educated and
[16:54] want to know if you're well educated and whether you had like a professional
[16:55] whether you had like a professional versus a blue collar type of job because
[16:59] versus a blue collar type of job because they want to get sort of a sense for
[17:00] they want to get sort of a sense for yeah your level of sophistication
[17:02] yeah your level of sophistication because that will determine to some
[17:05] because that will determine to some extent the questions they ask you and
[17:07] extent the questions they ask you and how they ask them and how they deal with
[17:09] how they ask them and how they deal with you it's because if you're you know if
[17:11] you it's because if you're you know if it's someone who is not educated at all
[17:13] it's someone who is not educated at all like they didn't finish you know
[17:14] like they didn't finish you know elementary school and they are a
[17:17] elementary school and they are a construction worker in their home
[17:19] construction worker in their home country then you know it's going to be a little bit different than dealing with someone who has a PHD and uh and is a you know professor of Economics or something.
[17:27] do you have any other documents that you want to provide me today that have not already been submitted?
[17:32] you'll probably get this question when you check in at the Asam office like right when you get inside of security and you go to check in the little check-in kiosk they usually ask you this question there but then often you get it again from the Asam officer during the interview okay about whether you have anything else that you want the officer to consider in terms of like evidence for your case all right so those are the introductory questions now we're going to go on to questions that you get during the review of your Asylum application and some other stuff that they'll discuss with you because after they shoot the breeze a little bit and do some you know hey how's it going how was the drive in here then they go into those inter productory questions we just covered and then they do the Asylum application review where they literally take out the Asam application that you submitted and they go almost question by
[18:19] submitted and they go almost question by question not every single question but most of them.
[18:20] they're going to go over most of them they're going to go over with you to see if anything needs to be changed or corrected updated or changed for any reason.
[18:25] so questions you're going to get are basically the questions from the Assam application form.
[18:33] like what is your full name have you ever used another name including a maiden name or a nickname.
[18:40] pay attention to this because often people don't really think carefully about this when they submit their Asam application but they should have included that.
[18:46] yeah they should have said yes you know I had a different name before I got married my last name was different or you know maybe a identification card that you have from your country or a school ID card or something shows your name in a different way than what's on your passport.
[19:02] well you need to answer yes to this question and tell them about it.
[19:04] you're not going to get in trouble for not having put that on your application form they're just going to update it okay.
[19:11] and by the way I say this in all my training so hopefully you've attended some of those and heard me say this tell the truth okay.
[19:16] honesty is the best policy both because it's the the right thing to do generally.
[19:22] it's the the right thing to do generally and then I mean not generally but just...
[19:24] and then I mean not generally but just as a general matter it is the right...
[19:25] as a general matter it is the right thing to do it's always the right thing to do.
[19:27] thing to do it's always the right thing to do but also strategically it's just better for your case and your chances for Asylum success if you tell the truth.
[19:30] better for your case and your chances for Asylum success if you tell the truth.
[19:33] okay.
[19:34] okay right moving along what is your date of birth?
[19:36] right moving along what is your date of birth?
[19:38] birth in what city and country were you born?
[19:41] in what city and country were you born?
[19:43] are you a citizen of this should be your country of origin the one that you listed on the Assam application form?
[19:44] country of origin the one that you listed on the Assam application form?
[19:47] have you ever had citizenship or any other long-term legal status in any other country any other country than the one of which you're a citizen?
[19:49] have you ever had citizenship or any other long-term legal status in any other country any other country than the one of which you're a citizen?
[19:51] other country any other country than the one of which you're a citizen?
[19:52] one of which you're a citizen and what is your race this one can be actually a little confusing because In some cultures they don't really have this this idea or at least this understanding of race that we have in the United States so don't worry if this seems like a weird question to you it doesn't really matter.
[19:55] and what is your race this one can be actually a little confusing because In some cultures they don't really have this this idea or at least this understanding of race that we have in the United States so don't worry if this seems like a weird question to you it doesn't really matter.
[19:57] actually a little confusing because In some cultures they don't really have this this idea or at least this understanding of race that we have in the United States so don't worry if this seems like a weird question to you it doesn't really matter.
[19:59] some cultures they don't really have this this idea or at least this understanding of race that we have in the United States so don't worry if this seems like a weird question to you it doesn't really matter.
[20:01] this this idea or at least this understanding of race that we have in the United States so don't worry if this seems like a weird question to you it doesn't really matter.
[20:02] understanding of race that we have in the United States so don't worry if this seems like a weird question to you it doesn't really matter.
[20:05] the United States so don't worry if this seems like a weird question to you it doesn't really matter.
[20:07] so don't worry if this seems like a weird question to you it doesn't really matter.
[20:10] this this you you can say whatever you want whether you consider yourself to be you know Latino black white asian Hispanic whatever it doesn't really matter.
[20:12] you you can say whatever you want whether you consider yourself to be you know Latino black white asian Hispanic whatever it doesn't really matter.
[20:13] can say whatever you want whether you consider yourself to be you know Latino black white asian Hispanic whatever it doesn't really matter.
[20:16] consider yourself to be you know Latino black white asian Hispanic whatever it doesn't really matter.
[20:19] Latino black white asian Hispanic whatever it doesn't really matter.
[20:20] whatever it doesn't really matter.
[20:22] there's no there's no right or wrong answer you can say any of those whatever
[20:24] answer you can say any of those whatever you consider yourself to be and that'll
[20:27] you consider yourself to be and that'll be fine
[20:28] be fine all right are you religious and if so
[20:30] all right are you religious and if so what is your religion
[20:31] what is your religion what is your current address
[20:34] what is your current address can you receive mail at this address
[20:36] can you receive mail at this address because sometimes people
[20:38] because sometimes people live at a place where they cannot
[20:40] live at a place where they cannot reliably receive mail and so they'll
[20:42] reliably receive mail and so they'll have a different address for that
[20:43] have a different address for that purpose for getting mail
[20:45] purpose for getting mail in what month and year did you begin
[20:47] in what month and year did you begin living at this address and what was your
[20:50] living at this address and what was your last address in your own country so
[20:52] last address in your own country so where did you live last in your own
[20:54] where did you live last in your own country in your home country
[20:55] country in your home country on what date did you last leave your
[20:58] on what date did you last leave your country on what date did you most
[21:00] country on what date did you most recently enter the United States and
[21:03] recently enter the United States and sometimes they have records of this
[21:04] sometimes they have records of this sometimes they don't but this is
[21:06] sometimes they don't but this is relevant for purposes of the one-year
[21:08] relevant for purposes of the one-year filing deadline because the officer
[21:09] filing deadline because the officer wants to ensure that you apply during
[21:11] wants to ensure that you apply during your first year in the United States
[21:14] your first year in the United States what was your legal status when you most
[21:16] what was your legal status when you most recently entered the United States so
[21:17] recently entered the United States so like what kind of Visa did you have okay
[21:21] like what kind of Visa did you have okay how many times total have you entered
[21:23] how many times total have you entered the United States this is sometimes
[21:26] the United States this is sometimes problematic because sometimes people
[21:28] problematic because sometimes people have entered a lot of times and they
[21:29] have entered a lot of times and they don't really remember whether it was you
[21:31] don't really remember whether it was you know four or five or eight times or
[21:33] know four or five or eight times or whatever so before your interview you
[21:36] whatever so before your interview you should try to actually figure out every
[21:38] should try to actually figure out every time you've entered the United States
[21:39] time you've entered the United States like know how many times it was and if
[21:42] like know how many times it was and if it's only a handful or a few do try to
[21:44] it's only a handful or a few do try to memorize the dates okay and the location
[21:46] memorize the dates okay and the location like what city did you fly into
[21:49] like what city did you fly into okay and to which countries other than
[21:52] okay and to which countries other than the United States have you traveled in
[21:54] the United States have you traveled in your entire life sometimes this question
[21:55] your entire life sometimes this question comes at the at this stage of the
[21:57] comes at the at this stage of the interview kind of in the Asylum
[21:59] interview kind of in the Asylum application review sometimes it's closer
[22:01] application review sometimes it's closer to the end but you'll probably get this
[22:03] to the end but you'll probably get this question you almost certainly will get
[22:04] question you almost certainly will get this question so like what other
[22:06] this question so like what other countries have you been in and then
[22:08] countries have you been in and then usually the the follow-up question is
[22:10] usually the the follow-up question is okay for any countries you listed why
[22:12] okay for any countries you listed why did you travel to those countries what
[22:13] did you travel to those countries what was your purpose basically they're
[22:15] was your purpose basically they're trying to see if you have some kind of
[22:17] trying to see if you have some kind of suspicious travel history like if you
[22:20] suspicious travel history like if you went to some country where there was a
[22:23] went to some country where there was a civil war going on or any kind of War
[22:25] civil war going on or any kind of War during the during the time that you were
[22:27] during the during the time that you were you were there and you were there for
[22:29] you were there and you were there for six months and you can't really explain
[22:30] six months and you can't really explain why you went there they may think oh you
[22:32] why you went there they may think oh you were going to fight in this war so
[22:35] were going to fight in this war so that's why they ask these kinds of
[22:36] that's why they ask these kinds of questions usually it may also be
[22:37] questions usually it may also be relevant for purposes of the firm
[22:40] relevant for purposes of the firm resettlement bar which we touched on
[22:42] resettlement bar which we touched on earlier and we'll get to in more detail
[22:43] earlier and we'll get to in more detail later
[22:44] later all right what are your parents names in
[22:46] all right what are your parents names in what city and Country do your parents
[22:48] what city and Country do your parents live
[22:49] live how many siblings do you have
[22:51] how many siblings do you have what are the names of your siblings
[22:54] what are the names of your siblings where do your siblings live
[22:56] where do your siblings live which and by that they want to know
[22:58] which and by that they want to know usually the city and the country all
[23:00] usually the city and the country all right which elementary school and middle
[23:03] right which elementary school and middle school and high school did you attend
[23:05] school and high school did you attend for each of these institutions in what
[23:08] for each of these institutions in what month and year did you begin studying
[23:10] month and year did you begin studying there and in what month and year did you
[23:12] there and in what month and year did you finish
[23:13] finish all right did you attend University if
[23:15] all right did you attend University if so what's the name of it and what month
[23:17] so what's the name of it and what month and year did you begin studying there
[23:19] and year did you begin studying there and in what month and year did you
[23:20] and in what month and year did you finish I gotta say these questions about
[23:23] finish I gotta say these questions about your addresses and the schools that you
[23:25] your addresses and the schools that you attended are kind of annoying because
[23:28] attended are kind of annoying because people don't usually remember this kind
[23:30] people don't usually remember this kind of information off the top of their head
[23:32] of information off the top of their head so you should have included the details
[23:35] so you should have included the details about this in your Asylum application
[23:37] about this in your Asylum application but most people don't especially for
[23:39] but most people don't especially for their whole life usually they'll just
[23:40] their whole life usually they'll just put the university they went to and not
[23:43] put the university they went to and not the high school and elementary school
[23:45] the high school and elementary school but the officer does need to put that
[23:48] but the officer does need to put that information into the Assam application
[23:49] information into the Assam application like the final version of it that you
[23:51] like the final version of it that you will agree on at the interview so you do
[23:55] will agree on at the interview so you do need to to figure that out if you don't
[23:57] need to to figure that out if you don't already have it in the application form
[23:59] already have it in the application form you need to know every school that
[24:01] you need to know every school that you've attended in the month and year in
[24:02] you've attended in the month and year in which you started attending and the
[24:03] which you started attending and the month and year in which you stopped
[24:05] month and year in which you stopped attending for each of those schools okay
[24:08] attending for each of those schools okay what did you study at University what
[24:10] what did you study at University what subject or what was your major
[24:12] subject or what was your major did you graduate with a degree from
[24:14] did you graduate with a degree from University
[24:16] University what is your native language native
[24:18] what is your native language native language means like basically it means
[24:20] language means like basically it means the language that you spoke growing up
[24:22] the language that you spoke growing up like at home as your first language and
[24:25] like at home as your first language and actually you can have multiple
[24:27] actually you can have multiple native languages or multiple first
[24:30] native languages or multiple first languages if you for example if you
[24:32] languages if you for example if you spoke one language at home with your
[24:33] spoke one language at home with your family but in all of your schooling and
[24:36] family but in all of your schooling and all of your interactions outside of the
[24:38] all of your interactions outside of the house were in another language and so
[24:40] house were in another language and so you're totally fluent in both languages
[24:42] you're totally fluent in both languages it's fine to say that you had you had
[24:44] it's fine to say that you had you had two just tell the officer that
[24:46] two just tell the officer that do you speak other languages fluently
[24:48] do you speak other languages fluently and if so which languages
[24:49] and if so which languages this is tough because you know it's
[24:52] this is tough because you know it's fluent is fluency as an objective thing
[24:55] fluent is fluency as an objective thing but if you feel like you're pretty good
[24:57] but if you feel like you're pretty good at a language then you could say yeah I
[24:59] at a language then you could say yeah I think I'm decent I'm fairly fluent at so
[25:01] think I'm decent I'm fairly fluent at so and so language are you married have you
[25:03] and so language are you married have you ever been married before
[25:06] ever been married before if you're currently married when did you
[25:08] if you're currently married when did you get married what date
[25:09] get married what date and what's your spouse's full name
[25:12] and what's your spouse's full name next do you want your spouse to be
[25:14] next do you want your spouse to be included as a dependent in your Asylum
[25:17] included as a dependent in your Asylum claim they'll ask you this even if you
[25:19] claim they'll ask you this even if you check the box on the application form
[25:21] check the box on the application form that says yes I want this person to be a
[25:23] that says yes I want this person to be a dependent in my claim okay either way
[25:26] dependent in my claim okay either way they'll ask you this question
[25:28] they'll ask you this question do you have children
[25:30] do you have children and if so how many children do you have
[25:34] and if so how many children do you have and what are their names
[25:36] and what are their names and what are their dates of birth when
[25:37] and what are their dates of birth when were they born
[25:38] were they born do you want your children to be included
[25:40] do you want your children to be included as dependents in your Asylum claim and
[25:43] as dependents in your Asylum claim and by the way to be a dependent means that
[25:46] by the way to be a dependent means that if you win Asylum they will get asylee
[25:49] if you win Asylum they will get asylee status as well they get it through you
[25:51] status as well they get it through you so most people do want their spouse and
[25:53] so most people do want their spouse and children to be included as dependents in
[25:56] children to be included as dependents in their Asylum claim so they can get that
[25:57] their Asylum claim so they can get that status
[25:58] status the risk or downside to including them
[26:01] the risk or downside to including them as a dependent is that if you get denied
[26:04] as a dependent is that if you get denied if Earth the Asylum Officer says no
[26:06] if Earth the Asylum Officer says no you're not eligible for Asylum and you
[26:08] you're not eligible for Asylum and you get sent to Immigration Court for
[26:10] get sent to Immigration Court for deportation proceedings your family
[26:12] deportation proceedings your family members whom you included as dependents
[26:14] members whom you included as dependents in your case will also get sent to
[26:16] in your case will also get sent to Immigration Court if they don't have
[26:18] Immigration Court if they don't have legal status so that's kind of the risk
[26:20] legal status so that's kind of the risk but if you if you say no I don't want
[26:22] but if you if you say no I don't want him to be a dependent in my case then
[26:24] him to be a dependent in my case then they almost certainly will not get sent
[26:26] they almost certainly will not get sent to Immigration Court even if you get a
[26:28] to Immigration Court even if you get a negative decision from the Asylum Office
[26:30] negative decision from the Asylum Office all right did your spouse and children
[26:32] all right did your spouse and children enter the United States with you at the
[26:34] enter the United States with you at the same time in the same place and with the
[26:36] same time in the same place and with the same immigration status have you are the
[26:38] same immigration status have you are the dependents in your claim ever gotten a
[26:39] dependents in your claim ever gotten a letter that says you need to go to
[26:40] letter that says you need to go to Immigration Court because the government
[26:42] Immigration Court because the government has placed you in deportation
[26:43] has placed you in deportation proceedings
[26:45] proceedings if that's happened like if you've been
[26:46] if that's happened like if you've been an Immigration Court then your case
[26:49] an Immigration Court then your case cannot be heard by the Assam office
[26:51] cannot be heard by the Assam office instead it should be with the
[26:52] instead it should be with the Immigration Court and
[26:53] Immigration Court and you should not be having the interview
[26:55] you should not be having the interview with the Islam office like it should not
[26:57] with the Islam office like it should not be scheduled if you're in deportation
[26:59] be scheduled if you're in deportation proceedings but it happens sometimes
[27:00] proceedings but it happens sometimes just because of communications Mix-Ups
[27:03] just because of communications Mix-Ups in the government so that's why they're
[27:06] in the government so that's why they're asking about this if you've if you've
[27:08] asking about this if you've if you've been an Immigration Court or gotten a
[27:09] been an Immigration Court or gotten a letter that says hey you need to go to
[27:10] letter that says hey you need to go to Immigration Court the officer at the
[27:13] Immigration Court the officer at the Assam interview will probably stop the
[27:14] Assam interview will probably stop the interview and investigate it try to
[27:16] interview and investigate it try to figure out what's going on
[27:17] figure out what's going on all right have you ever lied or in any
[27:20] all right have you ever lied or in any way misrepresented anything to a U.S
[27:22] way misrepresented anything to a U.S immigration officer whether in writing
[27:24] immigration officer whether in writing or orally let me comment more on this
[27:26] or orally let me comment more on this this is kind of a trick question because
[27:29] this is kind of a trick question because you may be thinking oh no I've you know
[27:32] you may be thinking oh no I've you know I'm telling the truth my case is real
[27:34] I'm telling the truth my case is real I'm I'm I've told the truth always I'm
[27:36] I'm I'm I've told the truth always I'm always going to tell the truth about it
[27:38] always going to tell the truth about it what trips people up is that many people
[27:40] what trips people up is that many people lie
[27:42] lie or misrepresent or conceal something
[27:45] or misrepresent or conceal something to get their visa to come to the United
[27:48] to get their visa to come to the United States like they'll say oh I just want
[27:50] States like they'll say oh I just want to go for tourist purposes I'm going to
[27:52] to go for tourist purposes I'm going to Disneyland or I'm going to see family
[27:53] Disneyland or I'm going to see family something like that when in reality they
[27:56] something like that when in reality they intend to come and apply for Asylum and
[27:59] intend to come and apply for Asylum and try to stay permanently so that is a
[28:00] try to stay permanently so that is a misrepresentation that's that's a lie
[28:03] misrepresentation that's that's a lie if you did that you need to answer this
[28:06] if you did that you need to answer this question in the affirmatively you need
[28:07] question in the affirmatively you need to say yes and you need to explain what
[28:09] to say yes and you need to explain what happened it will be forgiven it will not
[28:11] happened it will be forgiven it will not keep you from getting Asylum but if you
[28:14] keep you from getting Asylum but if you say no no never never office or never
[28:16] say no no never never office or never the officer at your Asylum interview
[28:18] the officer at your Asylum interview might confront you with the records from
[28:21] might confront you with the records from your visa interview they have the notes
[28:23] your visa interview they have the notes that the officer took at your visa
[28:26] that the officer took at your visa interview abroad
[28:27] interview abroad and if it says well it says here and you
[28:30] and if it says well it says here and you put in your application form that you
[28:31] put in your application form that you were coming for tourism but you told me
[28:33] were coming for tourism but you told me earlier maybe you did that you know you
[28:36] earlier maybe you did that you know you knew well before then that you wanted to
[28:39] knew well before then that you wanted to flee your country and apply for asylum
[28:40] flee your country and apply for asylum in the United States so you lied at the
[28:42] in the United States so you lied at the visa interview and today you told me
[28:44] visa interview and today you told me you'd never lied to a U.S immigration
[28:46] you'd never lied to a U.S immigration officer but I see that you have so what
[28:49] officer but I see that you have so what you told me today was another lie that
[28:52] you told me today was another lie that can hurt your case okay that can
[28:53] can hurt your case okay that can actually keep you from getting Asylum
[28:55] actually keep you from getting Asylum but being honest about having
[28:57] but being honest about having misrepresented yourself to flee your
[28:59] misrepresented yourself to flee your country will not keep you from getting
[29:00] country will not keep you from getting Asylum all right
[29:02] Asylum all right so let's get to the section of past harm
[29:04] so let's get to the section of past harm almost always in the Assad interview
[29:06] almost always in the Assad interview after this introductory stuff and the
[29:08] after this introductory stuff and the Asylum application form review the
[29:10] Asylum application form review the officer turns to this to looking toward
[29:13] officer turns to this to looking toward the past to try to see whether you have
[29:16] the past to try to see whether you have suffered harm that is sufficiently
[29:18] suffered harm that is sufficiently severe to rise to the level of
[29:21] severe to rise to the level of persecution what is persecution well
[29:23] persecution what is persecution well persecution in the way that it's used
[29:25] persecution in the way that it's used under U.S Asylum law basically means
[29:27] under U.S Asylum law basically means really serious harm have you been harmed
[29:29] really serious harm have you been harmed Gravely in a really serious way and the
[29:32] Gravely in a really serious way and the officer we'll start by looking at what's
[29:35] officer we'll start by looking at what's already happened to you and saying okay
[29:36] already happened to you and saying okay have you been harmed whether physically
[29:38] have you been harmed whether physically or psychological harm can count as well
[29:41] or psychological harm can count as well so they want to know have you been
[29:42] so they want to know have you been harmed physically or psychologically
[29:44] harmed physically or psychologically and if so
[29:45] and if so in what way so that they can assess
[29:48] in what way so that they can assess whether that harm is bad enough to rise
[29:52] whether that harm is bad enough to rise to the level of persecution okay so
[29:54] to the level of persecution okay so that's what this section is all about so
[29:56] that's what this section is all about so they're going to ask things like have
[29:58] they're going to ask things like have you ever been physically harmed in your
[30:00] you ever been physically harmed in your country like has your body ever been
[30:03] country like has your body ever been touched in a way that was harmful to you
[30:05] touched in a way that was harmful to you whether by another you know human or by
[30:09] whether by another you know human or by getting shot or getting hit with a bat
[30:11] getting shot or getting hit with a bat or getting shoved to the ground anything
[30:14] or getting shoved to the ground anything that has physically harmed your body is
[30:16] that has physically harmed your body is what they're asking you about with this
[30:17] what they're asking you about with this question and then if so how many times
[30:20] question and then if so how many times in total have you been physically harmed
[30:22] in total have you been physically harmed like how many separate incidents of harm
[30:25] like how many separate incidents of harm have there been they some officers
[30:27] have there been they some officers always ask these two questions so you
[30:29] always ask these two questions so you need to know ahead of time before your
[30:31] need to know ahead of time before your Asylum interview you need to think back
[30:33] Asylum interview you need to think back on okay how many times have I been
[30:35] on okay how many times have I been physically harmed and how many times
[30:36] physically harmed and how many times have I been threatened and it may be
[30:38] have I been threatened and it may be hard to count
[30:39] hard to count you may not remember that well but you
[30:41] you may not remember that well but you need to do your best to at least give an
[30:43] need to do your best to at least give an estimate something like well you know
[30:46] estimate something like well you know there were three incidents where my body
[30:49] there were three incidents where my body was physically harmed and there was this
[30:52] was physically harmed and there was this other time where they put a gun to my
[30:54] other time where they put a gun to my head and told me they were going to kill
[30:57] head and told me they were going to kill me and I thought they were going to kill
[30:58] me and I thought they were going to kill me and that was very devastating and
[31:00] me and that was very devastating and very hard on me but they didn't
[31:02] very hard on me but they didn't physically harm my body on that occasion
[31:03] physically harm my body on that occasion that's a way that you could explain to
[31:05] that's a way that you could explain to the officer one of these situations that
[31:08] the officer one of these situations that it's not really clear whether that
[31:09] it's not really clear whether that fourth incident counts as physical harm
[31:11] fourth incident counts as physical harm or not you know whether it's responsive
[31:12] or not you know whether it's responsive to this question but do think about this
[31:14] to this question but do think about this stuff ahead of time it's really
[31:15] stuff ahead of time it's really important okay what do you think it is
[31:18] important okay what do you think it is that motivated them to harm you and what
[31:21] that motivated them to harm you and what makes you think this now this kind of
[31:23] makes you think this now this kind of question gets at Nexus which I said
[31:26] question gets at Nexus which I said earlier is this requirement that the
[31:29] earlier is this requirement that the persecution be on account of or
[31:31] persecution be on account of or motivated by the fact that you possess
[31:34] motivated by the fact that you possess one of the five protected
[31:36] one of the five protected characteristics so the officer sometimes
[31:39] characteristics so the officer sometimes they'll ask a bunch of questions in a
[31:40] they'll ask a bunch of questions in a row
[31:41] row during a certain time in the interview
[31:43] during a certain time in the interview about this issue like asking questions
[31:46] about this issue like asking questions to figure out okay what's motivating
[31:48] to figure out okay what's motivating them but they will also sort of
[31:50] them but they will also sort of intersperse or sprinkle in these kinds
[31:53] intersperse or sprinkle in these kinds of questions around each incident of
[31:56] of questions around each incident of harm or each threat or or anything that
[31:59] harm or each threat or or anything that has happened that is relevant that might
[32:02] has happened that is relevant that might show the officer what the bad guys are
[32:05] show the officer what the bad guys are thinking like what their motivation is
[32:06] thinking like what their motivation is okay and they may just ask you your
[32:08] okay and they may just ask you your opinion on it like in this question that
[32:10] opinion on it like in this question that we see here number 79 we have what do
[32:12] we see here number 79 we have what do you think it is that motivated them to
[32:14] you think it is that motivated them to harm you and what makes you think this
[32:16] harm you and what makes you think this if you just say oh I think it's my
[32:18] if you just say oh I think it's my religion the next question is going to
[32:20] religion the next question is going to be why or what makes you think that so
[32:22] be why or what makes you think that so you have to be able to point to concrete
[32:24] you have to be able to point to concrete things that have happened like things
[32:25] things that have happened like things that the bad guys said or some kind of
[32:28] that the bad guys said or some kind of circumstance that shows okay that's
[32:31] circumstance that shows okay that's that's probably what the reason was okay
[32:33] that's probably what the reason was okay because that's that's what the officer
[32:35] because that's that's what the officer needs to know and when was the first
[32:37] needs to know and when was the first time you were harmed try to be able to
[32:39] time you were harmed try to be able to to give the date for any question like
[32:41] to give the date for any question like this about when did something happen you
[32:44] this about when did something happen you need to
[32:45] need to think ahead of time before you're
[32:46] think ahead of time before you're interviewing see if you can get the
[32:48] interviewing see if you can get the actual date all right and memorize that
[32:50] actual date all right and memorize that if not try to give at least a month and
[32:52] if not try to give at least a month and year if you can't do that
[32:54] year if you can't do that try to give at least the year and the
[32:56] try to give at least the year and the time of year like for example I'm not
[32:58] time of year like for example I'm not really sure when it was officer I think
[33:00] really sure when it was officer I think it was you know around the spring of
[33:04] it was you know around the spring of 2015 I think it was spring because I
[33:07] 2015 I think it was spring because I remember the you know the flowers were
[33:10] remember the you know the flowers were just beginning to bloom around that time
[33:12] just beginning to bloom around that time when this thing happened so that makes
[33:14] when this thing happened so that makes me think it was spring
[33:15] me think it was spring any any kind of context that helps you
[33:18] any any kind of context that helps you to to place the time timing of the
[33:22] to to place the time timing of the incident
[33:23] incident can be helpful for you to relate to the
[33:25] can be helpful for you to relate to the officer if you're not certain about the
[33:26] officer if you're not certain about the time
[33:27] time all right when was the last time you
[33:29] all right when was the last time you were harmed so the other question before
[33:30] were harmed so the other question before was when was the first time and this
[33:32] was when was the first time and this next one 81 is when was the last time
[33:34] next one 81 is when was the last time the officers very very often want to
[33:37] the officers very very often want to know the first time and last time if
[33:39] know the first time and last time if you've been harmed many times they at
[33:41] you've been harmed many times they at least want to know what the dates were
[33:42] least want to know what the dates were for these two they might not discuss
[33:44] for these two they might not discuss with you every incident of harm but they
[33:47] with you every incident of harm but they usually will discuss with you the first
[33:48] usually will discuss with you the first one and the last one and then also the
[33:51] one and the last one and then also the worst one so you'll get this question
[33:52] worst one so you'll get this question very often when was the worst episode of
[33:55] very often when was the worst episode of harm you suffered
[33:56] harm you suffered because if you've been harmed 20 times
[34:01] because if you've been harmed 20 times the officer is not going to talk to you
[34:03] the officer is not going to talk to you about all 20 of those in detail they
[34:06] about all 20 of those in detail they just don't have time for that so they're
[34:07] just don't have time for that so they're going to ask you this is this is called
[34:10] going to ask you this is this is called the first last and worst framework when
[34:12] the first last and worst framework when was the first time when was the last
[34:13] was the first time when was the last time and what was the worst incident
[34:15] time and what was the worst incident because this usually gives them enough
[34:17] because this usually gives them enough information to really understand
[34:20] information to really understand what's going on and the severity of the
[34:22] what's going on and the severity of the harm my win was the worst episode of
[34:24] harm my win was the worst episode of harm they mean like what was the the
[34:26] harm they mean like what was the the scariest thing or the time where they
[34:28] scariest thing or the time where they hurt your body the most okay like when
[34:30] hurt your body the most okay like when did they really do the most damage to
[34:32] did they really do the most damage to you so think about that ahead of time
[34:34] you so think about that ahead of time who harmed you the identity of the
[34:36] who harmed you the identity of the persecutor is very important so you need
[34:38] persecutor is very important so you need to be able to say who it was if you if
[34:39] to be able to say who it was if you if you know their name that's great if you
[34:43] you know their name that's great if you don't know their name but you know that
[34:46] don't know their name but you know that they were members of the National Guard
[34:48] they were members of the National Guard then you should say that and you know
[34:51] then you should say that and you know you're going to ask you're going to get
[34:52] you're going to ask you're going to get asked questions like well how do you
[34:54] asked questions like well how do you know that or what makes you think they
[34:55] know that or what makes you think they were from the National Guard well they
[34:56] were from the National Guard well they had you know the national guard uniform
[34:58] had you know the national guard uniform that I you see all over the place and or
[35:01] that I you see all over the place and or they showed me their badge or whatever
[35:02] they showed me their badge or whatever okay
[35:04] okay 84 how many attackers were there in an
[35:07] 84 how many attackers were there in an incident of harm the officer will always
[35:09] incident of harm the officer will always ask this how many were there okay if you
[35:11] ask this how many were there okay if you know say it if you don't give an
[35:12] know say it if you don't give an estimate like you know I don't know it
[35:14] estimate like you know I don't know it all happened so fast there was a bunch
[35:16] all happened so fast there was a bunch of them I think there was probably at
[35:17] of them I think there was probably at least eight probably between 8 and 12.
[35:20] least eight probably between 8 and 12. that's perfectly fine okay what were
[35:22] that's perfectly fine okay what were they wearing what were you doing when
[35:24] they wearing what were you doing when they approached you the officer wants to
[35:26] they approached you the officer wants to sort of understand the context they want
[35:28] sort of understand the context they want to be able to see in their mind the
[35:30] to be able to see in their mind the scene unfold
[35:31] scene unfold and these kinds of questions help
[35:33] and these kinds of questions help provide that and they may be helpful
[35:35] provide that and they may be helpful also for assessing both the severity of
[35:38] also for assessing both the severity of harm like is it bad enough to count as
[35:40] harm like is it bad enough to count as persecution and also little details like
[35:43] persecution and also little details like this may prompt you to give information
[35:46] this may prompt you to give information that also
[35:47] that also tells them about the Nexus about the
[35:49] tells them about the Nexus about the motivation so you know in this instance
[35:52] motivation so you know in this instance of what were you doing when they
[35:53] of what were you doing when they approached you well if you were standing
[35:54] approached you well if you were standing if you were at a protest against the
[35:56] if you were at a protest against the government and you had to sign up that
[35:58] government and you had to sign up that you were the sign you were holding up
[36:00] you were the sign you were holding up that said the government is the worst
[36:01] that said the government is the worst this political party in power is
[36:03] this political party in power is terrible and their policies are ruining
[36:05] terrible and their policies are ruining our country down with this party if
[36:08] our country down with this party if that's what you were doing when you got
[36:10] that's what you were doing when you got attacked that's relevant it's there's a
[36:12] attacked that's relevant it's there's a pretty good chance that the persecution
[36:14] pretty good chance that the persecution is on account of your political opinion
[36:17] is on account of your political opinion it's circumstantial evidence but it's
[36:19] it's circumstantial evidence but it's it's relevant
[36:20] it's relevant okay where were you when they approached
[36:23] okay where were you when they approached you so what were you doing and then 87
[36:25] you so what were you doing and then 87 where were you like like were you
[36:27] where were you like like were you standing on you know the sidewalk were
[36:29] standing on you know the sidewalk were you in the middle of the street were you
[36:30] you in the middle of the street were you in your living room at your house where
[36:31] in your living room at your house where were you
[36:32] were you what did they say to you when they first
[36:35] what did they say to you when they first approached you before harming you you're
[36:37] approached you before harming you you're gonna get this question questions like
[36:39] gonna get this question questions like this many times at your Asylum interview
[36:43] this many times at your Asylum interview what did they say what did they say what
[36:44] what did they say what did they say what did they say what else did they say why
[36:46] did they say what else did they say why does the officer ask questions like this
[36:48] does the officer ask questions like this over and over because their words may
[36:51] over and over because their words may give away their intentions and excuse me
[36:53] give away their intentions and excuse me their motivations they may give away
[36:55] their motivations they may give away their intentions too about future harm
[36:56] their intentions too about future harm but they're they're also relevant
[36:59] but they're they're also relevant because of the motivation because
[37:01] because of the motivation because sometimes they'll say straight up you
[37:03] sometimes they'll say straight up you know you yeah maybe some racist thing
[37:06] know you yeah maybe some racist thing they say to you or they may say you guys
[37:08] they say to you or they may say you guys from this certain political party you're
[37:10] from this certain political party you're the worst how dare you challenge our
[37:11] the worst how dare you challenge our party we you know we're gonna get you
[37:13] party we you know we're gonna get you well that shows that it's political
[37:16] well that shows that it's political opinion right it's not always That
[37:18] opinion right it's not always That explicit it may just be something that's
[37:20] explicit it may just be something that's sort of you have to infer what the
[37:23] sort of you have to infer what the motivation is but it can still be
[37:24] motivation is but it can still be helpful so you will get questions like
[37:25] helpful so you will get questions like what did they say what else did they say
[37:27] what did they say what else did they say did they say anything else you'll get a
[37:28] did they say anything else you'll get a lot of questions like that what did they
[37:30] lot of questions like that what did they say to you while they were attacking you
[37:32] say to you while they were attacking you so like before they attacked you while
[37:34] so like before they attacked you while they were attacking you and after the
[37:36] they were attacking you and after the attacker after the incident what did
[37:37] attacker after the incident what did they say to you after the incident
[37:40] they say to you after the incident what did they do to harm your body
[37:42] what did they do to harm your body exactly now you can't just say they beat
[37:44] exactly now you can't just say they beat me okay that's that's meaningless it
[37:47] me okay that's that's meaningless it does not help the officer to understand
[37:49] does not help the officer to understand how severe the harm was okay
[37:53] how severe the harm was okay don't say they beat me
[37:54] don't say they beat me describe the actual things that they did
[37:57] describe the actual things that they did to you for example
[37:59] to you for example if you got attacked by three guys who
[38:03] if you got attacked by three guys who were carrying baseball bats and hit you
[38:05] were carrying baseball bats and hit you with them you would want to describe in
[38:07] with them you would want to describe in detail something like the three guys
[38:09] detail something like the three guys approached me all three of them had
[38:10] approached me all three of them had baseball bats
[38:11] baseball bats and one of them came at me and he hit me
[38:15] and one of them came at me and he hit me on my left arm very hard with a baseball
[38:18] on my left arm very hard with a baseball bat and I fell down when I fell down the
[38:20] bat and I fell down when I fell down the other two started kicking me they kicked
[38:22] other two started kicking me they kicked me several times each several times in
[38:25] me several times each several times in my stomach and on my back and then the
[38:28] my stomach and on my back and then the first guy who had originally hit me with
[38:29] first guy who had originally hit me with the bat came over and kicked me once in
[38:32] the bat came over and kicked me once in the face and then he reached back and
[38:33] the face and then he reached back and swung his Bat and hit me in the back of
[38:35] swung his Bat and hit me in the back of the head and that's the last thing I
[38:36] the head and that's the last thing I remember because I went unconscious
[38:38] remember because I went unconscious after that okay that would be a
[38:39] after that okay that would be a description of what they did to harm
[38:41] description of what they did to harm your body not just oh they hit me or
[38:43] your body not just oh they hit me or they attacked me or they beat me all
[38:45] they attacked me or they beat me all right it's very important that you
[38:46] right it's very important that you describe in detail
[38:48] describe in detail the incidents so the officer can see
[38:50] the incidents so the officer can see just how bad the harm was
[38:53] just how bad the harm was what did they hit you with if they if
[38:56] what did they hit you with if they if you say they hit me the officer wants to
[38:58] you say they hit me the officer wants to know with what like with their closed
[39:00] know with what like with their closed fist in a punch or with a a hard wooden
[39:03] fist in a punch or with a a hard wooden object or a sharp object what did they
[39:05] object or a sharp object what did they hit you with where on your body did they
[39:07] hit you with where on your body did they hit you okay Stomach back legs head you
[39:10] hit you okay Stomach back legs head you need to tell the officer where and also
[39:13] need to tell the officer where and also how many times did they hit you okay so
[39:15] how many times did they hit you okay so the example that I gave a second ago
[39:17] the example that I gave a second ago addressed all of these little questions
[39:19] addressed all of these little questions about
[39:20] about how many times where in your body things
[39:23] how many times where in your body things like that okay how long did the attack
[39:24] like that okay how long did the attack last you probably won't remember exactly
[39:26] last you probably won't remember exactly but you know you may have an estimate
[39:28] but you know you may have an estimate that something like oh it was very quick
[39:30] that something like oh it was very quick it was probably just like a minute or
[39:31] it was probably just like a minute or two or it may be like oh it lasted a
[39:33] two or it may be like oh it lasted a long time it felt like 20 minutes but it
[39:35] long time it felt like 20 minutes but it was probably more like five minutes I
[39:37] was probably more like five minutes I would estimate okay how did the attack
[39:40] would estimate okay how did the attack end like were the attackers chased off
[39:42] end like were the attackers chased off or did they just get tired and stop or
[39:44] or did they just get tired and stop or what like what was it that made them
[39:46] what like what was it that made them stop attacking you
[39:48] stop attacking you did they do anything to make you think
[39:49] did they do anything to make you think they were going to kill you right then
[39:51] they were going to kill you right then and there why is this relevant because
[39:54] and there why is this relevant because severe psychological harm can count as
[39:57] severe psychological harm can count as persecution okay or also it can count as
[40:01] persecution okay or also it can count as persecution by itself but more commonly
[40:03] persecution by itself but more commonly it's one of the different things that
[40:06] it's one of the different things that the officer will consider in combination
[40:09] the officer will consider in combination with other things like physical harm
[40:12] with other things like physical harm so that they can say okay if I consider
[40:15] so that they can say okay if I consider all of these incidents of harm
[40:17] all of these incidents of harm cumulatively like meaning basically you
[40:19] cumulatively like meaning basically you add them all up like Okay add it up
[40:21] add them all up like Okay add it up considered together the different things
[40:23] considered together the different things that have happened to this person are
[40:25] that have happened to this person are severe enough to count as persecution
[40:26] severe enough to count as persecution and there's case law where judges have
[40:29] and there's case law where judges have said okay if someone gets put at
[40:32] said okay if someone gets put at objective reasonable fear of imminent
[40:34] objective reasonable fear of imminent death that can be bad enough to to be
[40:36] death that can be bad enough to to be considered persecution so like if
[40:38] considered persecution so like if someone does a mock execution where they
[40:39] someone does a mock execution where they put a gun to your head and they pull the
[40:42] put a gun to your head and they pull the TR they say we're going to kill you now
[40:43] TR they say we're going to kill you now and they pull you're on your knees and
[40:45] and they pull you're on your knees and they pull the trigger but it doesn't
[40:46] they pull the trigger but it doesn't fire because it's like a blank and
[40:48] fire because it's like a blank and they're just they're just messing with
[40:50] they're just they're just messing with you that's a mock execution and if you
[40:52] you that's a mock execution and if you thought they were going to kill you
[40:53] thought they were going to kill you right then and there and that caused you
[40:55] right then and there and that caused you a lot of psychological harm that could
[40:58] a lot of psychological harm that could be persecution okay
[41:00] be persecution okay all right 98 were the attackers armed
[41:03] all right 98 were the attackers armed and if so with what kind of weapon
[41:05] and if so with what kind of weapon did they point a gun at you and if so
[41:07] did they point a gun at you and if so how far away were they when they pointed
[41:09] how far away were they when they pointed the gun at you
[41:10] the gun at you how old were you when the incident of
[41:13] how old were you when the incident of harm occurred this is important because
[41:16] harm occurred this is important because if you are a minor like if you're under
[41:18] if you are a minor like if you're under 18
[41:20] 18 then any incident of harm is considered
[41:22] then any incident of harm is considered to be inherently more grave like
[41:25] to be inherently more grave like basically the idea is that your children
[41:27] basically the idea is that your children are affected in a in a more profound way
[41:32] are affected in a in a more profound way than adults by like the same Act of harm
[41:35] than adults by like the same Act of harm the same incident so if you're if you're
[41:36] the same incident so if you're if you're a child it's like a a thing that might
[41:39] a child it's like a a thing that might seem like not that big of a deal to an
[41:41] seem like not that big of a deal to an adult is considered to be a bigger deal
[41:43] adult is considered to be a bigger deal when it happens to someone who's younger
[41:45] when it happens to someone who's younger okay were other people harmed at the
[41:48] okay were other people harmed at the same time as you and if so who were they
[41:50] same time as you and if so who were they and what happened to them like how were
[41:52] and what happened to them like how were they harmed
[41:53] they harmed and were you injured in the incident
[41:55] and were you injured in the incident okay so you're gonna get this question
[41:57] okay so you're gonna get this question even if you say yeah I was attacked with
[41:59] even if you say yeah I was attacked with a baseball bat by three people the
[42:01] a baseball bat by three people the officer still wants to know about the
[42:03] officer still wants to know about the actual injuries that you suffered okay
[42:05] actual injuries that you suffered okay like what were did you have broken bones
[42:07] like what were did you have broken bones did you have bruises over your arms did
[42:12] did you have bruises over your arms did you dislocate your hip when you got
[42:14] you dislocate your hip when you got shoved down and have trouble walking for
[42:16] shoved down and have trouble walking for three weeks afterwards okay what were
[42:18] three weeks afterwards okay what were your actual injuries same idea what
[42:20] your actual injuries same idea what exactly were your injuries like to be
[42:22] exactly were your injuries like to be able to describe them okay did you seek
[42:24] able to describe them okay did you seek medical treatment for your injuries
[42:25] medical treatment for your injuries because this if you if you had to go to
[42:27] because this if you if you had to go to the hospital at a doctor it helps to
[42:29] the hospital at a doctor it helps to show look yeah it was pretty serious it
[42:31] show look yeah it was pretty serious it must have been a big deal it must have
[42:32] must have been a big deal it must have been really grave
[42:34] been really grave if you did not seek medical attention
[42:36] if you did not seek medical attention but you were injured like why not
[42:38] but you were injured like why not if you went to the hospital or to see a
[42:40] if you went to the hospital or to see a doctor what did they do like what
[42:42] doctor what did they do like what treatment did they provide for you
[42:44] treatment did they provide for you how long were you in the hospital
[42:45] how long were you in the hospital because if you know if you were injured
[42:47] because if you know if you were injured so severely that you had to stay in the
[42:49] so severely that you had to stay in the hospital for three weeks and you had to
[42:51] hospital for three weeks and you had to have like surgery surgery and you were
[42:53] have like surgery surgery and you were there for three weeks that's a big deal
[42:54] there for three weeks that's a big deal that shows us wow that harm is really
[42:56] that shows us wow that harm is really bad and just the mere fact of having to
[42:59] bad and just the mere fact of having to stay in the hospital for so long is is
[43:01] stay in the hospital for so long is is is bad so it's it's it's a form of harm
[43:04] is bad so it's it's it's a form of harm really that the persecutors caused you
[43:06] really that the persecutors caused you to to be subjected to
[43:09] to to be subjected to do you have records from when you sought
[43:11] do you have records from when you sought medical attention like a doctor's note
[43:13] medical attention like a doctor's note or receipts for payment for services
[43:16] or receipts for payment for services for how long were you in pain after the
[43:19] for how long were you in pain after the incident like if it kept you your
[43:21] incident like if it kept you your injuries kept you from
[43:22] injuries kept you from performing daily tasks or maybe kept you
[43:25] performing daily tasks or maybe kept you from doing your job at work that's
[43:27] from doing your job at work that's relevant so you need to tell the officer
[43:29] relevant so you need to tell the officer about that they're going to ask you a
[43:30] about that they're going to ask you a question like this
[43:33] question like this did your injuries make it hard to carry
[43:34] did your injuries make it hard to carry out routine tasks or perform your job
[43:36] out routine tasks or perform your job just talk about that did your injuries
[43:38] just talk about that did your injuries continue to affect do your injuries
[43:40] continue to affect do your injuries continue to affect you to this day and
[43:42] continue to affect you to this day and if so in what way so this is the
[43:44] if so in what way so this is the question of enduring harm like if
[43:46] question of enduring harm like if something is still causing problems for
[43:49] something is still causing problems for you
[43:50] you whether it's a physical like physical
[43:53] whether it's a physical like physical problem to your body or a psychological
[43:55] problem to your body or a psychological harm then that's relevant and that's
[43:58] harm then that's relevant and that's that helps show that the that the harm
[44:01] that helps show that the that the harm is severe enough to count as persecution
[44:03] is severe enough to count as persecution okay what did you do immediately after
[44:05] okay what did you do immediately after the attack
[44:07] the attack were you alone or was someone with you
[44:09] were you alone or was someone with you when you were assaulted like were there
[44:11] when you were assaulted like were there were you with a friend or a family
[44:13] were you with a friend or a family member were there Witnesses
[44:15] member were there Witnesses did you report the incident to the
[44:17] did you report the incident to the authorities this is really important
[44:18] authorities this is really important especially when the attacker is not a
[44:23] especially when the attacker is not a government actor rather it's a private
[44:25] government actor rather it's a private normal civilian and they attack you
[44:27] normal civilian and they attack you because
[44:28] because to win Asylum where the persecutor is a
[44:32] to win Asylum where the persecutor is a private actor you have to show usually
[44:34] private actor you have to show usually that you have to show that the
[44:36] that you have to show that the government was is unable or unwilling to
[44:38] government was is unable or unwilling to control the persecutors so part of that
[44:42] control the persecutors so part of that analysis is okay well did the person the
[44:44] analysis is okay well did the person the victim go and Report the incident to the
[44:46] victim go and Report the incident to the authorities and at least try to let the
[44:49] authorities and at least try to let the authorities help you okay and if if you
[44:52] authorities help you okay and if if you did well did that what did they do did
[44:54] did well did that what did they do did they do an investigation or what steps
[44:55] they do an investigation or what steps did they take as far as you know
[44:58] did they take as far as you know to try to help you because if you go and
[45:00] to try to help you because if you go and report and they just say sorry not our
[45:02] report and they just say sorry not our problem then that helps to show that
[45:04] problem then that helps to show that they are unable or unwilling to help you
[45:07] they are unable or unwilling to help you okay and then did you reach out to the
[45:09] okay and then did you reach out to the authorities to follow up with them if
[45:11] authorities to follow up with them if you didn't hear from them shortly after
[45:12] you didn't hear from them shortly after you made the report so basically like
[45:14] you made the report so basically like you made the report and they're like
[45:16] you made the report and they're like yeah we'll look into it well did you
[45:18] yeah we'll look into it well did you follow up like a week or two or three or
[45:19] follow up like a week or two or three or a month later and say hey
[45:21] a month later and say hey where does the investigation stand
[45:23] where does the investigation stand what's been done are you doing anything
[45:25] what's been done are you doing anything to to investigate or to bring these
[45:28] to to investigate or to bring these perpetrators to Justice or to help me to
[45:30] perpetrators to Justice or to help me to make me safe
[45:31] make me safe okay
[45:32] okay how do you know that they did not
[45:34] how do you know that they did not investigate your case this is relevant
[45:35] investigate your case this is relevant where
[45:36] where as in most Asylum cases the applicant
[45:39] as in most Asylum cases the applicant says oh I reported it to him but they
[45:41] says oh I reported it to him but they didn't do anything they didn't take it
[45:43] didn't do anything they didn't take it seriously the officer will say how do
[45:45] seriously the officer will say how do you know that or what makes you think
[45:47] you know that or what makes you think they didn't investigate it or take any
[45:49] they didn't investigate it or take any action to help you like what can you
[45:51] action to help you like what can you point to that shows us that that's true
[45:54] point to that shows us that that's true all right a little more on this issue of
[45:56] all right a little more on this issue of enduring harm
[45:57] enduring harm meaning harm that lasts for a long time
[46:00] meaning harm that lasts for a long time including possibly up to the present
[46:03] including possibly up to the present which is relevant for establishing that
[46:05] which is relevant for establishing that the harm that you suffered in the past
[46:07] the harm that you suffered in the past counts as persecution so how has what
[46:11] counts as persecution so how has what you've been through in your country
[46:12] you've been through in your country affected you and to answer this question
[46:14] affected you and to answer this question you can talk about any physical harm
[46:16] you can talk about any physical harm that you still have pain or that you
[46:18] that you still have pain or that you still have or
[46:19] still have or psychological like you know whether you
[46:21] psychological like you know whether you have nightmare if you maybe you have
[46:23] have nightmare if you maybe you have nightmares or trouble sleeping or panic
[46:26] nightmares or trouble sleeping or panic attacks when you see police or any
[46:28] attacks when you see police or any really anything at all that is
[46:31] really anything at all that is unpleasant or bad or harmful for you
[46:33] unpleasant or bad or harmful for you that you're experiencing that you think
[46:34] that you're experiencing that you think is related to what you went through in
[46:35] is related to what you went through in your country this is the time to to
[46:38] your country this is the time to to bring it up okay do you continue to
[46:39] bring it up okay do you continue to struggle mentally or emotionally from
[46:41] struggle mentally or emotionally from the trauma you endured
[46:43] the trauma you endured do you have nightmares insomnia feel
[46:45] do you have nightmares insomnia feel afraid or have other such problems
[46:46] afraid or have other such problems because of what you've been through have
[46:48] because of what you've been through have you ever sought help from any mental
[46:50] you ever sought help from any mental health provider to help deal with the
[46:51] health provider to help deal with the trauma from what you've been through so
[46:53] trauma from what you've been through so like have you seen a psychologist a
[46:55] like have you seen a psychologist a therapist a psychiatrist or like a
[46:59] therapist a psychiatrist or like a normal doctor like a general
[47:00] normal doctor like a general practitioner to talk to them about what
[47:04] practitioner to talk to them about what you've been through very often people
[47:05] you've been through very often people will be seeing like a counselor or a
[47:07] will be seeing like a counselor or a therapist because they're depressed or
[47:09] therapist because they're depressed or because they have a lot of like
[47:11] because they have a lot of like post-traumatic secondary stress disorder
[47:13] post-traumatic secondary stress disorder or some kind of you know some some kind
[47:15] or some kind of you know some some kind of challenges that they're going through
[47:16] of challenges that they're going through because of of what happened in their
[47:18] because of of what happened in their country if you are seeing someone for
[47:21] country if you are seeing someone for that
[47:22] that it's important that the officer know
[47:24] it's important that the officer know this because it does help to show that
[47:25] this because it does help to show that the harm is really bad and ideally you
[47:28] the harm is really bad and ideally you should get a you should get a letter
[47:30] should get a you should get a letter from them talking about this and use it
[47:33] from them talking about this and use it as evidence so if you're not if if you
[47:35] as evidence so if you're not if if you went through something really bad and
[47:37] went through something really bad and you are having problems but you're not
[47:38] you are having problems but you're not seeing a mental health professional to
[47:40] seeing a mental health professional to get help or never have seen one like if
[47:42] get help or never have seen one like if not why not
[47:43] not why not if you have during what time frame did
[47:46] if you have during what time frame did you see them and how often did you see
[47:48] you see them and how often did you see them
[47:49] them has a medical health professional
[47:51] has a medical health professional diagnosed you with depression or
[47:53] diagnosed you with depression or prescribed medication for you to help
[47:55] prescribed medication for you to help you handle the trauma caused by what you
[47:57] you handle the trauma caused by what you endured
[47:58] endured all right moving on we're going to talk
[48:00] all right moving on we're going to talk about the future so the officer now has
[48:03] about the future so the officer now has has looked at the past harm
[48:06] has looked at the past harm and decided probably by now in their own
[48:09] and decided probably by now in their own mind whether what you've been through
[48:10] mind whether what you've been through counts as past persecution or not now
[48:12] counts as past persecution or not now they're going to look toward the future
[48:13] they're going to look toward the future and the question is okay is the person
[48:16] and the question is okay is the person still at risk because usually to win
[48:19] still at risk because usually to win Asylum you do have to still be afraid of
[48:21] Asylum you do have to still be afraid of being harmed in the future or persecuted
[48:24] being harmed in the future or persecuted in the future on account of a protected
[48:26] in the future on account of a protected ground there's a couple of exceptions
[48:27] ground there's a couple of exceptions where you can win Asylum based just on
[48:30] where you can win Asylum based just on past harm alone but in most cases you
[48:33] past harm alone but in most cases you have to show that you're at risk in the
[48:36] have to show that you're at risk in the future okay so that's what this section
[48:37] future okay so that's what this section of the interview is about so threats
[48:41] of the interview is about so threats that you've received or really anything
[48:42] that you've received or really anything else any circumstances that lead the
[48:45] else any circumstances that lead the officer to believe that yeah you're
[48:46] officer to believe that yeah you're still you're at risk in the future
[48:49] still you're at risk in the future okay so they often want to ask about
[48:53] okay so they often want to ask about what kind of what what the thing was
[48:55] what kind of what what the thing was that caused you to leave your country
[48:58] that caused you to leave your country because that often is something that
[49:01] because that often is something that that is severe enough or significant
[49:04] that is severe enough or significant enough to show that the bad guys are
[49:07] enough to show that the bad guys are very serious about wanting to harm you
[49:09] very serious about wanting to harm you in the future so what was it that caused
[49:11] in the future so what was it that caused you to aside definitively to leave your
[49:14] you to aside definitively to leave your country next have you been threatened in
[49:16] country next have you been threatened in your country so we talked previously
[49:19] your country so we talked previously about incidents of past harm sometimes
[49:21] about incidents of past harm sometimes people don't have that right there's
[49:23] people don't have that right there's lots of people who actually go on to win
[49:24] lots of people who actually go on to win Asylum that have never been harmed in
[49:26] Asylum that have never been harmed in their country
[49:27] their country and so the the the
[49:30] and so the the the case really starts for them with any or
[49:33] case really starts for them with any or the questions to sort of get to the me
[49:36] the questions to sort of get to the me the heart of the case
[49:38] the heart of the case in the interview are going to focus on
[49:40] in the interview are going to focus on okay well
[49:41] okay well what makes us think that you're going to
[49:43] what makes us think that you're going to be harmed in the future and one thing
[49:45] be harmed in the future and one thing that can show us that is threats in the
[49:48] that can show us that is threats in the past like someone's saying they want to
[49:50] past like someone's saying they want to kill you or going to kill you is a
[49:52] kill you or going to kill you is a threat that indicates that yeah you are
[49:54] threat that indicates that yeah you are at risk of being harmed in the future so
[49:56] at risk of being harmed in the future so have you been threatened
[49:58] have you been threatened who threatened you
[49:59] who threatened you what did they say exactly and you want
[50:01] what did they say exactly and you want to try to quote them okay you don't want
[50:03] to try to quote them okay you don't want to say oh they threatened me well that
[50:05] to say oh they threatened me well that that doesn't tell us much like we want
[50:07] that doesn't tell us much like we want to know what they actually said okay to
[50:10] to know what they actually said okay to the extent that you can remember you
[50:11] the extent that you can remember you don't have to quote them verbatim but if
[50:13] don't have to quote them verbatim but if you remember that they said something
[50:15] you remember that they said something along the lines of you know you
[50:17] along the lines of you know you you scumbag you know
[50:21] you scumbag you know political party member political party X
[50:23] political party member political party X member you're the worst we're gonna get
[50:25] member you're the worst we're gonna get you like you need to try to summarize
[50:27] you like you need to try to summarize that or try to repeat that but you can
[50:30] that or try to repeat that but you can add a caveat to say something like well
[50:32] add a caveat to say something like well you know what officer I don't remember
[50:34] you know what officer I don't remember the exact words they used but it was
[50:36] the exact words they used but it was something very close to it and repeat
[50:39] something very close to it and repeat you know what you remember
[50:41] you know what you remember all right when were you threatened again
[50:43] all right when were you threatened again as with all date related questions if
[50:46] as with all date related questions if you remember the date that's great if
[50:47] you remember the date that's great if not try the month in the year if not try
[50:49] not try the month in the year if not try at least the time of year and and the
[50:52] at least the time of year and and the year
[50:54] year when were you threatened this goes for
[50:56] when were you threatened this goes for up really I guess this goes for all all
[50:58] up really I guess this goes for all all threads and then like they in the same
[51:00] threads and then like they in the same way we talked about the first last and
[51:02] way we talked about the first last and worst incidents of physical harm in the
[51:03] worst incidents of physical harm in the past the officer often will ask you when
[51:06] past the officer often will ask you when was the first time you were threatened
[51:07] was the first time you were threatened okay and then when was the last time you
[51:10] okay and then when was the last time you were threatened when were you threatened
[51:11] were threatened when were you threatened for the last time how many times in
[51:14] for the last time how many times in total have you been threatened and how
[51:18] total have you been threatened and how were the threats passed along to you was
[51:20] were the threats passed along to you was it in person by phone like in a written
[51:22] it in person by phone like in a written note through another person or what like
[51:25] note through another person or what like how did you learn about the threat do
[51:27] how did you learn about the threat do you have records of these threats like
[51:28] you have records of these threats like text messages maybe a photo of graffiti
[51:31] text messages maybe a photo of graffiti on the wall or anything like that
[51:34] on the wall or anything like that did you report the threats to the
[51:35] did you report the threats to the authorities
[51:37] authorities if not why not if you did report the
[51:39] if not why not if you did report the threats to the authorities what did they
[51:41] threats to the authorities what did they say and do in response when you reported
[51:44] say and do in response when you reported the threat to the police did you bring
[51:45] the threat to the police did you bring your phone with you to have it checked
[51:48] your phone with you to have it checked by the police like so for example if you
[51:51] by the police like so for example if you this this is assuming that you had like
[51:53] this this is assuming that you had like threatening text messages like did the
[51:55] threatening text messages like did the police actually see those threats on
[51:57] police actually see those threats on your phone
[51:58] your phone and did the number of the threats came
[52:01] and did the number of the threats came from did it actually show up on your
[52:04] from did it actually show up on your phone screen or was it like blocked or
[52:06] phone screen or was it like blocked or masked or sh or hidden what made you
[52:09] masked or sh or hidden what made you feel that you were being watched or
[52:11] feel that you were being watched or followed this is for cases where the
[52:13] followed this is for cases where the person says oh they then they started
[52:14] person says oh they then they started following me people often say that but
[52:17] following me people often say that but not be able to point to anything
[52:19] not be able to point to anything concrete or really explain what they
[52:21] concrete or really explain what they mean so if you say oh yeah then they
[52:24] mean so if you say oh yeah then they started following me the officer is like
[52:26] started following me the officer is like what do you mean by that what made you
[52:27] what do you mean by that what made you think that they were watching you or
[52:29] think that they were watching you or following you like and so if you saw oh
[52:31] following you like and so if you saw oh I saw three men you know in wearing the
[52:36] I saw three men you know in wearing the the clothing that this religious
[52:37] the clothing that this religious extremist group usually wears I saw them
[52:40] extremist group usually wears I saw them sitting outside my house on their
[52:42] sitting outside my house on their motorcycles you know every night for
[52:44] motorcycles you know every night for several hours just looking towards my
[52:46] several hours just looking towards my house so that makes me think they were
[52:48] house so that makes me think they were watching me you need to be able to point
[52:49] watching me you need to be able to point to what it is that makes you think that
[52:51] to what it is that makes you think that okay what led you believe that those
[52:53] okay what led you believe that those people planned to harm you
[52:55] people planned to harm you have you received any summons or been
[52:57] have you received any summons or been charged with any crime this isn't
[52:59] charged with any crime this isn't relevant where the government is
[53:02] relevant where the government is targeting someone if if the police or
[53:04] targeting someone if if the police or other legal authorities have actually
[53:06] other legal authorities have actually charged you with a crime or
[53:08] charged you with a crime or sent you a letter that says you need to
[53:10] sent you a letter that says you need to appear for questioning or come to the
[53:12] appear for questioning or come to the police office or something like that
[53:13] police office or something like that that's very relevant it shows that yeah
[53:16] that's very relevant it shows that yeah they're serious about harming you you
[53:17] they're serious about harming you you may be harmed in the future so why did
[53:19] may be harmed in the future so why did the why did they summon you like often
[53:21] the why did they summon you like often this will be the prosecutor's office
[53:23] this will be the prosecutor's office sometimes it's a police but like if you
[53:25] sometimes it's a police but like if you know why they summoned you and told you
[53:27] know why they summoned you and told you to come in did the letter that they sent
[53:29] to come in did the letter that they sent explain why and if not why do you think
[53:32] explain why and if not why do you think they did so or what do you think is the
[53:33] they did so or what do you think is the real reason that they did so did you
[53:36] real reason that they did so did you appear as you were requested to do in
[53:38] appear as you were requested to do in the summons did you show up and if so
[53:39] the summons did you show up and if so what happened when you showed up what
[53:41] what happened when you showed up what did what did they say and do
[53:43] did what did they say and do and if you did not go why not
[53:47] and if you did not go why not did the authorities follow up with you
[53:48] did the authorities follow up with you after the first summons like did they
[53:51] after the first summons like did they send another summons or did they send
[53:52] send another summons or did they send someone to your house maybe to or to
[53:54] someone to your house maybe to or to your neighbors or your parents house to
[53:56] your neighbors or your parents house to say Hey you know Jane was supposed to
[53:59] say Hey you know Jane was supposed to come to the police station she never did
[54:00] come to the police station she never did tell her that she doesn't come tomorrow
[54:02] tell her that she doesn't come tomorrow she's going to be in real trouble
[54:05] she's going to be in real trouble do you have any reason to believe that a
[54:06] do you have any reason to believe that a warrant for your arrest exists like do
[54:10] warrant for your arrest exists like do you think the police have issued a
[54:11] you think the police have issued a warrant to arrest you if so what makes
[54:14] warrant to arrest you if so what makes you think this
[54:15] you think this what are the charges against you and
[54:17] what are the charges against you and what punishment is possible if you're
[54:18] what punishment is possible if you're convicted of those crimes that you're
[54:21] convicted of those crimes that you're being charged with could there be any
[54:23] being charged with could there be any legitimate basis at all for the charges
[54:25] legitimate basis at all for the charges against you or for any investigation
[54:27] against you or for any investigation into your activities like basically is
[54:29] into your activities like basically is there
[54:30] there even arguably a legitimate real good
[54:34] even arguably a legitimate real good reason for the police or the authorities
[54:35] reason for the police or the authorities to be interested in you like have you
[54:38] to be interested in you like have you done something that could be considered
[54:40] done something that could be considered a crime because if you're going to be
[54:41] a crime because if you're going to be let's say arrested and put in jail long
[54:43] let's say arrested and put in jail long term
[54:44] term well it would be persecution if it's
[54:46] well it would be persecution if it's unjust if there's no reason to do it and
[54:49] unjust if there's no reason to do it and really they're just doing it you know
[54:50] really they're just doing it you know because they don't like your race or
[54:53] because they don't like your race or your tribe that would be
[54:56] your tribe that would be illegal or persecution under the U.S
[54:58] illegal or persecution under the U.S Asylum laws but if they if you committed
[55:01] Asylum laws but if they if you committed a crime and their laws are you know
[55:04] a crime and their laws are you know somewhat fair and they put you in jail
[55:06] somewhat fair and they put you in jail long term under the laws in accordance
[55:09] long term under the laws in accordance with the law then that would be called
[55:11] with the law then that would be called prosecution and not persecution and you
[55:14] prosecution and not persecution and you wouldn't win Asylum
[55:15] wouldn't win Asylum all right so the things that happened in
[55:17] all right so the things that happened in your country all occurred a long time
[55:19] your country all occurred a long time ago what makes you think that someone
[55:20] ago what makes you think that someone still wants to harm you after all this
[55:22] still wants to harm you after all this time this is very common and it happens
[55:24] time this is very common and it happens a lot for people that have been waiting
[55:26] a lot for people that have been waiting for years to get their Asylum
[55:27] for years to get their Asylum application by the way or excuse me to
[55:30] application by the way or excuse me to get their Asylum interview not their
[55:31] get their Asylum interview not their application
[55:33] application if you've been waiting more than like
[55:34] if you've been waiting more than like three years to get your interview after
[55:36] three years to get your interview after applying we should talk you should call
[55:38] applying we should talk you should call us because we may be able to get your
[55:40] us because we may be able to get your interview by suing the government or
[55:42] interview by suing the government or threatening to sue them okay but the
[55:44] threatening to sue them okay but the officer will often say look that was a
[55:47] officer will often say look that was a long time ago you know I understand that
[55:50] long time ago you know I understand that bad things happened and that they were
[55:52] bad things happened and that they were interested in you back then but that was
[55:54] interested in you back then but that was a long time ago why would they even
[55:55] a long time ago why would they even remember you why would they even be
[55:56] remember you why would they even be thinking about you now so what what can
[55:59] thinking about you now so what what can you point to to show me that yeah no
[56:01] you point to to show me that yeah no you're still at risk these people still
[56:03] you're still at risk these people still want to harm you even after all this
[56:05] want to harm you even after all this time this is a very important point you
[56:06] time this is a very important point you need to think very carefully about this
[56:08] need to think very carefully about this is there anything that you can point to
[56:10] is there anything that you can point to that will help convince the officer that
[56:12] that will help convince the officer that yeah no you're you're still at risk okay
[56:15] yeah no you're you're still at risk okay has anything happened since you've been
[56:17] has anything happened since you've been in the United States that makes you
[56:18] in the United States that makes you think these people still want to harm
[56:20] think these people still want to harm you for example this is an example of
[56:22] you for example this is an example of that has someone has someone gone to
[56:24] that has someone has someone gone to your neighbors or family members in your
[56:25] your neighbors or family members in your country and asked about you like hey
[56:28] country and asked about you like hey when is Bill coming back we heard he's
[56:30] when is Bill coming back we heard he's abroad tell him to come give us a call
[56:32] abroad tell him to come give us a call or a visit when he comes back
[56:34] or a visit when he comes back so if that happened like who came and
[56:36] so if that happened like who came and when and what did they want or what did
[56:38] when and what did they want or what did they say
[56:39] they say how many times did they come
[56:42] how many times did they come have you received threats since you've
[56:44] have you received threats since you've been in the United States sometimes in
[56:45] been in the United States sometimes in addition to going to talk to you know
[56:47] addition to going to talk to you know your family or neighbors you might get
[56:50] your family or neighbors you might get direct threats through social media or a
[56:52] direct threats through social media or a phone call or even delivered from
[56:54] phone call or even delivered from someone else in the United States
[56:56] someone else in the United States what exactly do you feel will happen to
[56:58] what exactly do you feel will happen to you if you have to return to your
[56:59] you if you have to return to your country okay being beaten is not
[57:02] country okay being beaten is not specific enough be very specific about
[57:04] specific enough be very specific about what you think will happen to you and
[57:06] what you think will happen to you and who will do it who exactly in your
[57:08] who will do it who exactly in your country do you fear will harm you be as
[57:11] country do you fear will harm you be as specific as possible okay
[57:13] specific as possible okay why do you think it is that P that the
[57:16] why do you think it is that P that the people you fear haven't already done
[57:17] people you fear haven't already done something really bad to you so for
[57:19] something really bad to you so for example why didn't they make good on
[57:21] example why didn't they make good on their threats to kill or imprison you
[57:22] their threats to kill or imprison you while you were still in your country
[57:23] while you were still in your country this is kind of a stupid line of
[57:27] this is kind of a stupid line of questioning but it's very common the
[57:29] questioning but it's very common the idea is well you know yeah these bad
[57:31] idea is well you know yeah these bad guys they threatened to kill you but
[57:33] guys they threatened to kill you but they didn't go through with it so they
[57:35] they didn't go through with it so they must not be serious so like if they
[57:36] must not be serious so like if they didn't do it already what makes you
[57:38] didn't do it already what makes you think they might do it in the future
[57:39] think they might do it in the future because they showed us they're not
[57:40] because they showed us they're not serious because they didn't follow
[57:41] serious because they didn't follow through it's it's again it's kind of
[57:44] through it's it's again it's kind of dumb reasoning but you you may get this
[57:47] dumb reasoning but you you may get this very well make it a question like this
[57:49] very well make it a question like this all right so after your problems began
[57:51] all right so after your problems began did you make efforts to lay low like so
[57:53] did you make efforts to lay low like so as to avoid contact with the people you
[57:55] as to avoid contact with the people you fear so how did you do this exactly
[57:59] fear so how did you do this exactly and did you leave your country through a
[58:01] and did you leave your country through a formal exit Point such as by flying out
[58:03] formal exit Point such as by flying out of an international airport or crossing
[58:05] of an international airport or crossing an official land border the idea here is
[58:08] an official land border the idea here is that if you did you probably went
[58:10] that if you did you probably went through some kind of immigration
[58:12] through some kind of immigration checkpoint or protocol at the airport
[58:14] checkpoint or protocol at the airport and if the
[58:18] and if the country that you're fleeing really
[58:19] country that you're fleeing really wanted to harm you then like why didn't
[58:22] wanted to harm you then like why didn't they arrest you
[58:24] they arrest you you know when you were in contact with
[58:25] you know when you were in contact with them and they probably if they were
[58:27] them and they probably if they were after you they probably would have your
[58:28] after you they probably would have your name flagged in a database and that
[58:30] name flagged in a database and that should have come up when you went
[58:31] should have come up when you went through immigration so like why did they
[58:33] through immigration so like why did they let you leave why didn't they arrest you
[58:34] let you leave why didn't they arrest you then
[58:35] then that's the idea and it's questions like
[58:37] that's the idea and it's questions like this by way of follow-up so did you go
[58:40] this by way of follow-up so did you go through immigration control and if so
[58:41] through immigration control and if so why didn't they arrest you or do
[58:43] why didn't they arrest you or do anything bad to you instead just let you
[58:45] anything bad to you instead just let you leave the country
[58:46] leave the country if you went back to your country how
[58:48] if you went back to your country how would the people you fear even know that
[58:50] would the people you fear even know that you had returned like how would they
[58:52] you had returned like how would they find out that you're there
[58:54] find out that you're there do you fear anybody else will harm you
[58:55] do you fear anybody else will harm you besides the people you've already
[58:57] besides the people you've already mentioned
[58:58] mentioned and next we're going to talk about this
[59:01] and next we're going to talk about this Nexus requirement the connection to a
[59:03] Nexus requirement the connection to a protected ground which again the
[59:05] protected ground which again the protected grounds are your race religion
[59:07] protected grounds are your race religion nationality political opinion and
[59:09] nationality political opinion and something called membership in a
[59:11] something called membership in a particular social group
[59:13] particular social group so what do you believe it is that caused
[59:15] so what do you believe it is that caused the persecutors to harm or threaten you
[59:19] the persecutors to harm or threaten you because you think this
[59:20] because you think this what did they say to you that may
[59:22] what did they say to you that may indicate their motive in singling you
[59:24] indicate their motive in singling you out for harm in other words did they use
[59:26] out for harm in other words did they use any words that show why it is that they
[59:28] any words that show why it is that they came after you in particular and why not
[59:30] came after you in particular and why not some other guy who's you know similarly
[59:33] some other guy who's you know similarly situated to why why you okay
[59:36] situated to why why you okay what leads you to believe that what
[59:38] what leads you to believe that what happened to you wasn't simply a random
[59:40] happened to you wasn't simply a random occurrence
[59:42] occurrence what makes you think that they harmed
[59:44] what makes you think that they harmed you because of your whatever the
[59:46] you because of your whatever the protected ground is that you've listed
[59:47] protected ground is that you've listed on your application they're gonna they
[59:49] on your application they're gonna they may ask you specifically okay so what
[59:51] may ask you specifically okay so what makes you think that the harm or the
[59:52] makes you think that the harm or the targeting of you is because of this
[59:54] targeting of you is because of this ground
[59:55] ground are you aware of other people who have
[59:57] are you aware of other people who have been harmed by the same people you fear
[59:59] been harmed by the same people you fear and if so what was it that caused the
[01:00:02] and if so what was it that caused the persecutors to harm those people do you
[01:00:05] persecutors to harm those people do you have any close friends or family members
[01:00:06] have any close friends or family members who have been harmed or threatened over
[01:00:08] who have been harmed or threatened over whatever it is that leads you to believe
[01:00:10] whatever it is that leads you to believe that the persecutors will want to harm
[01:00:12] that the persecutors will want to harm you the idea is if you if you have
[01:00:15] you the idea is if you if you have friends family
[01:00:17] friends family people who are
[01:00:19] people who are like you in in ways relevant to an
[01:00:21] like you in in ways relevant to an asylum claim these people have been
[01:00:23] asylum claim these people have been harmed well then yeah they may well
[01:00:25] harmed well then yeah they may well likely harm you too
[01:00:27] likely harm you too okay are there any other facts or
[01:00:29] okay are there any other facts or circumstances that can help me
[01:00:30] circumstances that can help me understand why it is that the
[01:00:32] understand why it is that the persecutors will want to Target you
[01:00:34] persecutors will want to Target you personally for harm in the future
[01:00:38] personally for harm in the future all right misspelling Private Practice
[01:00:40] all right misspelling Private Practice should say private actors as persecutors
[01:00:43] should say private actors as persecutors again this is where it's not the
[01:00:46] again this is where it's not the government that's doing the persecuting
[01:00:47] government that's doing the persecuting but people who don't work for the
[01:00:48] but people who don't work for the government so are you afraid of someone
[01:00:50] government so are you afraid of someone in your country that is not working for
[01:00:52] in your country that is not working for the government and do you believe the
[01:00:54] the government and do you believe the people you fear have any kind of ties to
[01:00:56] people you fear have any kind of ties to or are supported by the government
[01:00:58] or are supported by the government because remember
[01:00:59] because remember you have to show in these cases that
[01:01:02] you have to show in these cases that that the government's unable or
[01:01:03] that the government's unable or unwilling to protect you let's say that
[01:01:05] unwilling to protect you let's say that you're being you're being persecuted not
[01:01:07] you're being you're being persecuted not by the police but originally by someone
[01:01:09] by the police but originally by someone who's not the police like some some gang
[01:01:11] who's not the police like some some gang but or some religion some religious
[01:01:13] but or some religion some religious extremist group let's say because of
[01:01:15] extremist group let's say because of your religion and they you know that
[01:01:18] your religion and they you know that they have people in the police that they
[01:01:19] they have people in the police that they they pay that they bribe well that's
[01:01:22] they pay that they bribe well that's relevant because then you're reasonable
[01:01:24] relevant because then you're reasonable and saying no I can't go to the police
[01:01:25] and saying no I can't go to the police the police are bought off by these guys
[01:01:27] the police are bought off by these guys and here's how I know this that would
[01:01:29] and here's how I know this that would help you in your case okay
[01:01:31] help you in your case okay all right so so what makes you think
[01:01:33] all right so so what makes you think this
[01:01:34] this have you ever seen the people that you
[01:01:36] have you ever seen the people that you fear and the police or anyone else from
[01:01:38] fear and the police or anyone else from the government together like if you've
[01:01:39] the government together like if you've seen them literally hanging out together
[01:01:41] seen them literally hanging out together doing drugs together or just even
[01:01:44] doing drugs together or just even hanging out together that that could
[01:01:45] hanging out together that that could show that you know they're in tight with
[01:01:47] show that you know they're in tight with the bad guys who are private actors are
[01:01:49] the bad guys who are private actors are in tight with the police therefore the
[01:01:51] in tight with the police therefore the police might not help you
[01:01:53] police might not help you do you know of anyone who has reported
[01:01:54] do you know of anyone who has reported the people you fear to the police like
[01:01:56] the people you fear to the police like like so
[01:01:58] like so has someone else gone to the police
[01:02:01] has someone else gone to the police to report the people that you fear and
[01:02:03] to report the people that you fear and if so what happened did the Authority's
[01:02:05] if so what happened did the Authority's arrest and charge the people
[01:02:07] arrest and charge the people and were they convicted of a crime
[01:02:10] and were they convicted of a crime did they go to jail and if so for how
[01:02:12] did they go to jail and if so for how long
[01:02:13] long do you have any reason to believe that
[01:02:15] do you have any reason to believe that the government would turn a blind eye if
[01:02:16] the government would turn a blind eye if you reported the people that you fear
[01:02:18] you reported the people that you fear and if so why or what makes you think
[01:02:21] and if so why or what makes you think this what would cause the authorities to
[01:02:23] this what would cause the authorities to ignore a complaint against the people
[01:02:25] ignore a complaint against the people that you fear like why would they do
[01:02:27] that you fear like why would they do this if you went to them and you're
[01:02:29] this if you went to them and you're telling me
[01:02:30] telling me no the police won't help me why what
[01:02:32] no the police won't help me why what would cause them to to be like that
[01:02:35] would cause them to to be like that do you believe the government is simply
[01:02:37] do you believe the government is simply overmatched by the persecutors such that
[01:02:40] overmatched by the persecutors such that it's unable to protect people like you
[01:02:42] it's unable to protect people like you remember it's not just a matter of
[01:02:44] remember it's not just a matter of unwilling to protect you you can also
[01:02:46] unwilling to protect you you can also win asylum in the face of persecution by
[01:02:48] win asylum in the face of persecution by private actors where the government is
[01:02:50] private actors where the government is unable to protect you so if the
[01:02:53] unable to protect you so if the government just cannot control this
[01:02:55] government just cannot control this let's say terrorist group because the
[01:02:58] let's say terrorist group because the terrorist group has more members and
[01:03:00] terrorist group has more members and more resources and more weapons than the
[01:03:02] more resources and more weapons than the police in your country and the police
[01:03:03] police in your country and the police are scared of them and they're just
[01:03:04] are scared of them and they're just overmatched and outgunned
[01:03:06] overmatched and outgunned that's relevant to your case okay
[01:03:09] that's relevant to your case okay and if so what makes you think this all
[01:03:11] and if so what makes you think this all right and then they get to the sort of
[01:03:13] right and then they get to the sort of the end or wrap-up portion of the
[01:03:15] the end or wrap-up portion of the substantive answers and the or
[01:03:17] substantive answers and the or substantive questions in the Asylum case
[01:03:19] substantive questions in the Asylum case they'll ask things like have you
[01:03:20] they'll ask things like have you understood all my questions today
[01:03:21] understood all my questions today because they don't want you to later be
[01:03:23] because they don't want you to later be able to say oh I didn't I misunderstood
[01:03:25] able to say oh I didn't I misunderstood I didn't understand you so can we do the
[01:03:26] I didn't understand you so can we do the interview again they're trying to
[01:03:28] interview again they're trying to preempt or foreclose you from foreclose
[01:03:31] preempt or foreclose you from foreclose that from happening
[01:03:32] that from happening have you understood The Interpreter this
[01:03:34] have you understood The Interpreter this is of course if you use an interpreter
[01:03:36] is of course if you use an interpreter is there anything you would like to add
[01:03:38] is there anything you would like to add today this is important they all they're
[01:03:40] today this is important they all they're always supposed to ask you this because
[01:03:42] always supposed to ask you this because during the interview you don't get to
[01:03:44] during the interview you don't get to just say what you want you don't get to
[01:03:45] just say what you want you don't get to just sort of tell your story rather the
[01:03:47] just sort of tell your story rather the officer is going to ask you question
[01:03:49] officer is going to ask you question after question after question they're
[01:03:51] after question after question they're constantly interrupting you they're
[01:03:52] constantly interrupting you they're changing topics frequently and some of
[01:03:54] changing topics frequently and some of them are trying to get you to mess up
[01:03:56] them are trying to get you to mess up and make mistakes so they'll have an
[01:03:57] and make mistakes so they'll have an excuse to deny you but basically you you
[01:04:00] excuse to deny you but basically you you don't control the interview the officer
[01:04:01] don't control the interview the officer does they take it where they want to go
[01:04:04] does they take it where they want to go and you might not get the chance
[01:04:05] and you might not get the chance throughout it to really tell them things
[01:04:07] throughout it to really tell them things that you think are important to your
[01:04:08] that you think are important to your case so at the end they have to ask you
[01:04:10] case so at the end they have to ask you this question is there anything else
[01:04:12] this question is there anything else you'd like to add or anything else you
[01:04:14] you'd like to add or anything else you want to tell me that we haven't already
[01:04:15] want to tell me that we haven't already talked about and it's your chance to say
[01:04:18] talked about and it's your chance to say whatever you want it's it's kind of a
[01:04:21] whatever you want it's it's kind of a it's not actually that helpful because
[01:04:23] it's not actually that helpful because the officer will also probably cut you
[01:04:26] the officer will also probably cut you off when you do this if you try to say
[01:04:28] off when you do this if you try to say too much but you don't have to say yes
[01:04:30] too much but you don't have to say yes to this if you've already covered
[01:04:31] to this if you've already covered everything that you think is important
[01:04:33] everything that you think is important you can just say no thank you officer
[01:04:34] you can just say no thank you officer nothing to add that's completely fine in
[01:04:36] nothing to add that's completely fine in fact that's actually
[01:04:38] fact that's actually nice to the officers it's music to the
[01:04:40] nice to the officers it's music to the officer's ears they love hearing this
[01:04:42] officer's ears they love hearing this because by this time they're tired of
[01:04:44] because by this time they're tired of the interview and they just want to be
[01:04:45] the interview and they just want to be done
[01:04:45] done So when you say this they're like yes we
[01:04:47] So when you say this they're like yes we don't have to keep adding more but if
[01:04:50] don't have to keep adding more but if there's something that you haven't
[01:04:51] there's something that you haven't talked about that's relevant to
[01:04:54] talked about that's relevant to the key aspects of your case like
[01:04:56] the key aspects of your case like showing that you've been persecuted or
[01:04:57] showing that you've been persecuted or that you're likely to be persecuted and
[01:04:59] that you're likely to be persecuted and that that persecution is on account of
[01:05:01] that that persecution is on account of your possession of one of the protected
[01:05:02] your possession of one of the protected grounds then yeah you should use this
[01:05:04] grounds then yeah you should use this opportunity
[01:05:05] opportunity to bring it up
[01:05:07] to bring it up all right is there anything that we've
[01:05:09] all right is there anything that we've not talked about you think is important
[01:05:10] not talked about you think is important to your case that you would like me to
[01:05:12] to your case that you would like me to know it's kind of another way of asking
[01:05:14] know it's kind of another way of asking that last question but they do often ask
[01:05:15] that last question but they do often ask it in multiple ways
[01:05:17] it in multiple ways do you feel like you've had an adequate
[01:05:19] do you feel like you've had an adequate opportunity to express yourself and tell
[01:05:21] opportunity to express yourself and tell me about your case and do you have any
[01:05:23] me about your case and do you have any questions for me
[01:05:25] questions for me all right internal relocation questions
[01:05:28] all right internal relocation questions so what is this internal relocation all
[01:05:31] so what is this internal relocation all about well remember I said up top it's
[01:05:33] about well remember I said up top it's basically the idea that okay if you
[01:05:36] basically the idea that okay if you could go somewhere else in your country
[01:05:37] could go somewhere else in your country and be safe you should just do that now
[01:05:39] and be safe you should just do that now this is usually not an issue when the
[01:05:40] this is usually not an issue when the government is the persecutor but when
[01:05:42] government is the persecutor but when it's a private actor then this is really
[01:05:45] it's a private actor then this is really important because with the government
[01:05:47] important because with the government there's an assumption that well it's the
[01:05:49] there's an assumption that well it's the government they control the whole
[01:05:50] government they control the whole country they could probably find you
[01:05:52] country they could probably find you anywhere so you wouldn't really be safe
[01:05:53] anywhere so you wouldn't really be safe but with private individuals who are not
[01:05:56] but with private individuals who are not from the government the idea is well you
[01:05:58] from the government the idea is well you could probably get away from they how
[01:06:00] could probably get away from they how would they even know if you went
[01:06:01] would they even know if you went somewhere else so that's the question is
[01:06:04] somewhere else so that's the question is could you go somewhere else and be safe
[01:06:05] could you go somewhere else and be safe but also would it be reasonable to
[01:06:08] but also would it be reasonable to expect you to do so like are there any
[01:06:09] expect you to do so like are there any problems with you going somewhere else
[01:06:12] problems with you going somewhere else like would you have access to proper
[01:06:14] like would you have access to proper Medical Care is there other danger that
[01:06:16] Medical Care is there other danger that you could face there things like that so
[01:06:18] you could face there things like that so these are some of the questions along
[01:06:19] these are some of the questions along those lines have you previously tried
[01:06:22] those lines have you previously tried moving within your country like to a
[01:06:24] moving within your country like to a different city or region to avoid being
[01:06:26] different city or region to avoid being harmed if not why not
[01:06:29] harmed if not why not and if you did try that where did you go
[01:06:31] and if you did try that where did you go and what happened there did the people
[01:06:34] and what happened there did the people that you fear find you there so if you
[01:06:36] that you fear find you there so if you say well yeah I went you know to this
[01:06:39] say well yeah I went you know to this different town several hours away by car
[01:06:41] different town several hours away by car and I tried to lay low but they found me
[01:06:43] and I tried to lay low but they found me there I got a note slipped under my door
[01:06:45] there I got a note slipped under my door there that said you thought you could
[01:06:47] there that said you thought you could run you could never hide from us we
[01:06:49] run you could never hide from us we found you that would be good for you to
[01:06:52] found you that would be good for you to help convince the Asam officer that look
[01:06:54] help convince the Asam officer that look they can find me anywhere all right so
[01:06:56] they can find me anywhere all right so if so if they found you there how do you
[01:06:58] if so if they found you there how do you think it is that they learned where you
[01:07:00] think it is that they learned where you were how'd they find it out
[01:07:02] were how'd they find it out would you be safe from the people you
[01:07:03] would you be safe from the people you fear if you just moved elsewhere within
[01:07:05] fear if you just moved elsewhere within your country so that's looking toward
[01:07:07] your country so that's looking toward the future like like so what now what if
[01:07:09] the future like like so what now what if you were to move go back and just move
[01:07:10] you were to move go back and just move somewhere else could you be safe
[01:07:12] somewhere else could you be safe if not what makes you think this like
[01:07:14] if not what makes you think this like why why wouldn't you be safe in other
[01:07:16] why why wouldn't you be safe in other words how would they find you how would
[01:07:17] words how would they find you how would they know where you were if you moved to
[01:07:19] they know where you were if you moved to a large city how would the people that
[01:07:21] a large city how would the people that you fear find you
[01:07:23] you fear find you is there anything about moving to a
[01:07:25] is there anything about moving to a different place within your country that
[01:07:26] different place within your country that would be especially hard on you or your
[01:07:28] would be especially hard on you or your family members and this is important
[01:07:30] family members and this is important to point out this distinction that for
[01:07:32] to point out this distinction that for purposes of
[01:07:34] purposes of deciding whether you've been persecuted
[01:07:36] deciding whether you've been persecuted and whether you will be persecuted in
[01:07:38] and whether you will be persecuted in the future in terms of the the severity
[01:07:41] the future in terms of the the severity of the harm
[01:07:42] of the harm all the officer cares about is you your
[01:07:44] all the officer cares about is you your family could get persecuted very badly
[01:07:47] family could get persecuted very badly and that would not help you win Asylum
[01:07:50] and that would not help you win Asylum unless the officer thinks that that
[01:07:52] unless the officer thinks that that shows that you too are at risk but
[01:07:56] shows that you too are at risk but really what they care about is the harm
[01:07:58] really what they care about is the harm to you for purposes of persecution but
[01:08:00] to you for purposes of persecution but it's a little bit different when the
[01:08:01] it's a little bit different when the officer is doing this analysis about
[01:08:04] officer is doing this analysis about internal relocation when they're
[01:08:06] internal relocation when they're deciding whether it would be reasonable
[01:08:08] deciding whether it would be reasonable for you to internally relocate they are
[01:08:10] for you to internally relocate they are looking at harm or anything really hard
[01:08:15] looking at harm or anything really hard that your family would face so in
[01:08:17] that your family would face so in addition to just you your family is
[01:08:19] addition to just you your family is relevant for this issue of internal
[01:08:22] relevant for this issue of internal relocation so think about that
[01:08:24] relocation so think about that for example would it be hard for you or
[01:08:27] for example would it be hard for you or your family here we could we could say
[01:08:28] your family here we could we could say to get a job outside of the region that
[01:08:31] to get a job outside of the region that you fled
[01:08:32] you fled do you have a support system like
[01:08:34] do you have a support system like friends and family outside of the region
[01:08:35] friends and family outside of the region that you fled
[01:08:36] that you fled does anyone in your family have
[01:08:38] does anyone in your family have educational or medical needs that could
[01:08:40] educational or medical needs that could not be met in regions of your country
[01:08:41] not be met in regions of your country other than the one you fled
[01:08:44] other than the one you fled is there anywhere in your country that
[01:08:45] is there anywhere in your country that the government does not effectively
[01:08:47] the government does not effectively control such that you could be safe
[01:08:49] control such that you could be safe there okay we're on to firm resettlement
[01:08:52] there okay we're on to firm resettlement and remember the issue here is were you
[01:08:56] and remember the issue here is were you physically present in some other country
[01:08:58] physically present in some other country after fleeing your country and before
[01:08:59] after fleeing your country and before coming to the United States in which you
[01:09:02] coming to the United States in which you had permanent residents or an offer to
[01:09:05] had permanent residents or an offer to get permanent residence so questions
[01:09:06] get permanent residence so questions around this are going to be what
[01:09:09] around this are going to be what countries if any were you in after your
[01:09:11] countries if any were you in after your last departure from your own country and
[01:09:12] last departure from your own country and before entering the United States you'll
[01:09:14] before entering the United States you'll everyone will get this question even if
[01:09:16] everyone will get this question even if you indicate in your application form
[01:09:18] you indicate in your application form that you did not pass through any other
[01:09:19] that you did not pass through any other countries they're still going to ask you
[01:09:21] countries they're still going to ask you this question and then if you say that
[01:09:23] this question and then if you say that you were in another country you're going
[01:09:26] you were in another country you're going to get a bunch of follow-up questions
[01:09:27] to get a bunch of follow-up questions about internal relocate or excuse me
[01:09:29] about internal relocate or excuse me about firm resettlement so follow-up
[01:09:32] about firm resettlement so follow-up questions would be something like okay
[01:09:33] questions would be something like okay well if you were in some other country
[01:09:34] well if you were in some other country what was your legal status there and by
[01:09:36] what was your legal status there and by the way
[01:09:38] the way even having a layover in an airport like
[01:09:40] even having a layover in an airport like if you have to catch a connecting flight
[01:09:44] if you have to catch a connecting flight even that counts as being in another
[01:09:46] even that counts as being in another country so when the officer asks oh have
[01:09:48] country so when the officer asks oh have you were you in any other countries
[01:09:50] you were you in any other countries after last leaving your country before
[01:09:52] after last leaving your country before getting to the United States if you just
[01:09:54] getting to the United States if you just had to change planes
[01:09:55] had to change planes in some country on the way you need to
[01:09:57] in some country on the way you need to say yes and explain you know what you
[01:09:59] say yes and explain you know what you did and they're going to ask you okay
[01:10:01] did and they're going to ask you okay what was your legal status there what
[01:10:03] what was your legal status there what was your immigration status were you
[01:10:05] was your immigration status were you able to stay indefinitely there with
[01:10:07] able to stay indefinitely there with that status like could if you wanted to
[01:10:08] that status like could if you wanted to did that status allow you to just and if
[01:10:11] did that status allow you to just and if so well why did you leave that country
[01:10:14] so well why did you leave that country did you apply for permanent residence or
[01:10:16] did you apply for permanent residence or any other kind of long-term immigration
[01:10:18] any other kind of long-term immigration status there and if not why not you
[01:10:21] status there and if not why not you don't have to have applied for it and
[01:10:24] don't have to have applied for it and able to be able to get asylum in the
[01:10:26] able to be able to get asylum in the United States but they still want to
[01:10:28] United States but they still want to know like why you didn't if you if you
[01:10:30] know like why you didn't if you if you could have if you were somewhere else
[01:10:31] could have if you were somewhere else where you could be safe why didn't you
[01:10:34] where you could be safe why didn't you seek Asylum or some kind of
[01:10:36] seek Asylum or some kind of Refuge did your spouse apply for such
[01:10:40] Refuge did your spouse apply for such status your spouse getting permanent
[01:10:43] status your spouse getting permanent residence in another country and being
[01:10:45] residence in another country and being in that country will not keep you from
[01:10:46] in that country will not keep you from getting Asylum when you're the principal
[01:10:48] getting Asylum when you're the principal applicant but it could if they got
[01:10:50] applicant but it could if they got permanent residence it could indicate
[01:10:51] permanent residence it could indicate that
[01:10:52] that you had it or at least you were eligible
[01:10:55] you had it or at least you were eligible for it and maybe even you had it and you
[01:10:56] for it and maybe even you had it and you didn't even realize it and so that would
[01:10:58] didn't even realize it and so that would be right if your spouse was granted
[01:10:59] be right if your spouse was granted permanent residence would you be allowed
[01:11:01] permanent residence would you be allowed to stay there too on the basis of your
[01:11:03] to stay there too on the basis of your spouse's status
[01:11:04] spouse's status if you could have gotten status through
[01:11:06] if you could have gotten status through your spouse why didn't you do so
[01:11:09] your spouse why didn't you do so did you have permission to work legally
[01:11:11] did you have permission to work legally in the country that you were in if so
[01:11:14] in the country that you were in if so were those rights unlimited or were they
[01:11:17] were those rights unlimited or were they restricted they asked questions like
[01:11:18] restricted they asked questions like this about what the conditions of your
[01:11:21] this about what the conditions of your status there were or what conditions
[01:11:22] status there were or what conditions were placed on you
[01:11:24] were placed on you because it can be relevant to
[01:11:26] because it can be relevant to determining whether the status that you
[01:11:27] determining whether the status that you had was actually permanent status and
[01:11:29] had was actually permanent status and and also there's limited exceptions to
[01:11:32] and also there's limited exceptions to the rule that says you can't get Asylum
[01:11:34] the rule that says you can't get Asylum here if you are firmly recycled
[01:11:35] here if you are firmly recycled elsewhere and one of those exceptions is
[01:11:37] elsewhere and one of those exceptions is basically if
[01:11:39] basically if you were treated in a way that was just
[01:11:41] you were treated in a way that was just not like a real not like a true
[01:11:43] not like a real not like a true permanent resident but you were really
[01:11:44] permanent resident but you were really restricted like if you if the government
[01:11:46] restricted like if you if the government said okay people in this status can only
[01:11:48] said okay people in this status can only work in this certain zone or in these
[01:11:50] work in this certain zone or in these certain sectors and they can't travel
[01:11:52] certain sectors and they can't travel freely throughout the country if they if
[01:11:54] freely throughout the country if they if the government put a bunch of conditions
[01:11:55] the government put a bunch of conditions on your life there then you might not be
[01:11:58] on your life there then you might not be barred by The Firm resettlement bar even
[01:12:00] barred by The Firm resettlement bar even if you had permanent okay and so along
[01:12:03] if you had permanent okay and so along those lines were you treated differently
[01:12:04] those lines were you treated differently there in that country then that country
[01:12:07] there in that country then that country citizens because of your limited
[01:12:08] citizens because of your limited immigration status
[01:12:10] immigration status and if so how in what way were you
[01:12:13] and if so how in what way were you discriminated against and trying to get
[01:12:14] discriminated against and trying to get a job because you were a foreigner or
[01:12:16] a job because you were a foreigner or because of your immigration status
[01:12:18] because of your immigration status did you experience xenophobic insults or
[01:12:21] did you experience xenophobic insults or attacks if you had status on the country
[01:12:23] attacks if you had status on the country based on your employment could you keep
[01:12:25] based on your employment could you keep renewing that status indefinitely this
[01:12:27] renewing that status indefinitely this gets into what can be a pretty tricky
[01:12:28] gets into what can be a pretty tricky area where a status that does not say
[01:12:32] area where a status that does not say that it's permanent it's not called
[01:12:33] that it's permanent it's not called permanent residence could in some cases
[01:12:36] permanent residence could in some cases be considered to effectively be
[01:12:38] be considered to effectively be permanent residents if you can just keep
[01:12:40] permanent residents if you can just keep renewing it indefinitely very easily
[01:12:43] renewing it indefinitely very easily with like no conditions on your ability
[01:12:46] with like no conditions on your ability to renew it indefinitely
[01:12:49] to renew it indefinitely so what did you have to do to renew your
[01:12:52] so what did you have to do to renew your status
[01:12:53] status if you lost your job what would happen
[01:12:55] if you lost your job what would happen to your immigration status this is
[01:12:56] to your immigration status this is relevant because many people have some
[01:12:58] relevant because many people have some kind of long-term status in the country
[01:13:01] kind of long-term status in the country based on their job but they would lose
[01:13:03] based on their job but they would lose it if they lost their job so it's not
[01:13:06] it if they lost their job so it's not really permanent like we see this very
[01:13:07] really permanent like we see this very often in the Middle East with like
[01:13:09] often in the Middle East with like United Arab Emirates and Saudi Arabia
[01:13:12] United Arab Emirates and Saudi Arabia where people from other countries will
[01:13:13] where people from other countries will go there and live maybe their whole
[01:13:15] go there and live maybe their whole lives they might be born there and not
[01:13:17] lives they might be born there and not be a citizen of that country and stay
[01:13:19] be a citizen of that country and stay their whole life on their parents work
[01:13:21] their whole life on their parents work based stat employment-based status or
[01:13:23] based stat employment-based status or their own eventually their own
[01:13:24] their own eventually their own employment-based status but it's still
[01:13:25] employment-based status but it's still not permanent residents
[01:13:27] not permanent residents okay
[01:13:28] okay could you have remained there legally if
[01:13:30] could you have remained there legally if you no longer had the job that
[01:13:32] you no longer had the job that originally allowed you to get legal
[01:13:33] originally allowed you to get legal status there
[01:13:35] status there would you be allowed to stay there long
[01:13:36] would you be allowed to stay there long term if you went back right now
[01:13:39] term if you went back right now did you apply for Asylum or other
[01:13:41] did you apply for Asylum or other humanitarian protection in the third
[01:13:43] humanitarian protection in the third country
[01:13:44] country if not why not were you physically
[01:13:47] if not why not were you physically harmed or threatened in that country
[01:13:50] harmed or threatened in that country this can help establish that you are not
[01:13:52] this can help establish that you are not firmly recital if you were in danger and
[01:13:56] firmly recital if you were in danger and the authorities couldn't or wouldn't
[01:13:57] the authorities couldn't or wouldn't protect you then you will not be barred
[01:14:00] protect you then you will not be barred from asylum in the United States by the
[01:14:02] from asylum in the United States by the firmary settlement bar
[01:14:03] firmary settlement bar do you fear being harmed there if you
[01:14:05] do you fear being harmed there if you had to go back there if so who would
[01:14:08] had to go back there if so who would harm you and what would motivate them to
[01:14:09] harm you and what would motivate them to do that
[01:14:11] do that all right let's move on to the one-year
[01:14:12] all right let's move on to the one-year filing deadline this is
[01:14:14] filing deadline this is responsible for lots and lots of Asylum
[01:14:17] responsible for lots and lots of Asylum denials because the person has filed
[01:14:21] denials because the person has filed outside of their first year in the
[01:14:22] outside of their first year in the United States meaning they came here and
[01:14:24] United States meaning they came here and more than one year passed before they
[01:14:25] more than one year passed before they finally applied for Asylum the rule is
[01:14:27] finally applied for Asylum the rule is that you have to file during your first
[01:14:29] that you have to file during your first year
[01:14:30] year but there's a couple of categories of
[01:14:33] but there's a couple of categories of exceptions and so if it becomes clear
[01:14:35] exceptions and so if it becomes clear that you did not file during your first
[01:14:37] that you did not file during your first year the officer is going to ask you a
[01:14:39] year the officer is going to ask you a lot of questions about this
[01:14:41] lot of questions about this to try to determine whether you might
[01:14:43] to try to determine whether you might qualify for one of the categories of
[01:14:45] qualify for one of the categories of exceptions okay so they're going to be
[01:14:47] exceptions okay so they're going to be questions like
[01:14:48] questions like did anything happen or was there
[01:14:50] did anything happen or was there anything going on in general that made
[01:14:52] anything going on in general that made it hard for you to apply for Asylum
[01:14:53] it hard for you to apply for Asylum during your first year in the United
[01:14:55] during your first year in the United States
[01:14:56] States if so what was happening and how did it
[01:14:59] if so what was happening and how did it affect you did you find it hard to
[01:15:01] affect you did you find it hard to concentrate and perform routine tasks
[01:15:03] concentrate and perform routine tasks like taking care of yourself these are
[01:15:05] like taking care of yourself these are the kinds of questions that go toward an
[01:15:08] the kinds of questions that go toward an exception called the extraordinary
[01:15:09] exception called the extraordinary circumstances exception which says
[01:15:12] circumstances exception which says essentially that if there was some
[01:15:14] essentially that if there was some extraordinary circumstance
[01:15:16] extraordinary circumstance during your first year here that kept
[01:15:19] during your first year here that kept you from being able to to reasonably be
[01:15:22] you from being able to to reasonably be able to apply for Asylum then you get an
[01:15:24] able to apply for Asylum then you get an excuse
[01:15:25] excuse and so that's what the officer is
[01:15:27] and so that's what the officer is getting at with these kinds of questions
[01:15:29] getting at with these kinds of questions like if you're super depressed or
[01:15:34] like if you're super depressed or injured or ill if you had cancer and
[01:15:36] injured or ill if you had cancer and you're constantly in treatment and
[01:15:38] you're constantly in treatment and you're weak from that and can't
[01:15:39] you're weak from that and can't concentrate for months at a time that
[01:15:41] concentrate for months at a time that could serve as an extraordinary
[01:15:43] could serve as an extraordinary circumstance exception to the when
[01:15:44] circumstance exception to the when you're filing deadline all right did you
[01:15:46] you're filing deadline all right did you work while you were going through the
[01:15:48] work while you were going through the challenges that you were facing whatever
[01:15:49] challenges that you were facing whatever those were were you able to actually go
[01:15:52] those were were you able to actually go to your job because if you did if you
[01:15:54] to your job because if you did if you were able to do things like oh I could
[01:15:55] were able to do things like oh I could work I could did my full-time job I took
[01:15:57] work I could did my full-time job I took care of my kids I did all these things
[01:15:59] care of my kids I did all these things then the officer will probably think oh
[01:16:02] then the officer will probably think oh it really wasn't that bad you should
[01:16:03] it really wasn't that bad you should have been able to apply for Asylum if
[01:16:05] have been able to apply for Asylum if you could do all those other things
[01:16:07] you could do all those other things all right during this challenging time
[01:16:08] all right during this challenging time did you care for your children and were
[01:16:10] did you care for your children and were you able to do things like grocery shop
[01:16:11] you able to do things like grocery shop cook and tend to things like paying your
[01:16:13] cook and tend to things like paying your did you have physical medical issues or
[01:16:16] did you have physical medical issues or mental health problems during your first
[01:16:17] mental health problems during your first year here that made it difficult to get
[01:16:19] year here that made it difficult to get things done
[01:16:20] things done did anything happen during your first
[01:16:22] did anything happen during your first year in the United States that makes you
[01:16:23] year in the United States that makes you think that you're at greater risk now of
[01:16:25] think that you're at greater risk now of being harmed in your country than was
[01:16:27] being harmed in your country than was previously the case actually this is
[01:16:31] previously the case actually this is relevant to this this issue of new
[01:16:34] relevant to this this issue of new things happening that make you think
[01:16:36] things happening that make you think that you're at risk is relevant anytime
[01:16:38] that you're at risk is relevant anytime not just during your first year anytime
[01:16:41] not just during your first year anytime if something happens whether it's during
[01:16:43] if something happens whether it's during your first year during your second year
[01:16:45] your first year during your second year during your 10th year here if something
[01:16:47] during your 10th year here if something happens and you think now okay now I'm
[01:16:50] happens and you think now okay now I'm really at risk now there's a better
[01:16:52] really at risk now there's a better chance of me being persecuted on account
[01:16:53] chance of me being persecuted on account of a protected ground that can be what's
[01:16:56] of a protected ground that can be what's called a changed circumstance so I said
[01:16:59] called a changed circumstance so I said there's two categories of exceptions one
[01:17:01] there's two categories of exceptions one is called extraordinary circumstances
[01:17:03] is called extraordinary circumstances and the other is called Changed
[01:17:05] and the other is called Changed circumstances so that's what this
[01:17:06] circumstances so that's what this question is getting at
[01:17:08] question is getting at and if something has changed can you
[01:17:11] and if something has changed can you describe exactly what happened or
[01:17:13] describe exactly what happened or changed and what exactly is it about
[01:17:16] changed and what exactly is it about this change that puts you at greater
[01:17:17] this change that puts you at greater risk did you hire a lawyer to help you
[01:17:20] risk did you hire a lawyer to help you with your immigration matters during
[01:17:21] with your immigration matters during your first year in the United States
[01:17:23] your first year in the United States if so did they tell you about the
[01:17:25] if so did they tell you about the one-year filing deadline for Asylum and
[01:17:27] one-year filing deadline for Asylum and what did they advise regarding a
[01:17:29] what did they advise regarding a potential Asylum filing those questions
[01:17:32] potential Asylum filing those questions surrounding the lawyer are relevant
[01:17:34] surrounding the lawyer are relevant because if you hired a lawyer and you
[01:17:36] because if you hired a lawyer and you got bad advice
[01:17:38] got bad advice or if they just failed to file your
[01:17:41] or if they just failed to file your application on time during your first
[01:17:43] application on time during your first year
[01:17:44] year that can serve as an excuse it falls
[01:17:46] that can serve as an excuse it falls under the extraordinary circumstances
[01:17:48] under the extraordinary circumstances category of excuses or exceptions to the
[01:17:50] category of excuses or exceptions to the one-year filing deadline
[01:17:52] one-year filing deadline so you can expect questions about
[01:17:54] so you can expect questions about whether you had a lawyer and if so what
[01:17:56] whether you had a lawyer and if so what they did and whether they messed up
[01:17:58] they did and whether they messed up basically and that kept you from filing
[01:18:00] basically and that kept you from filing timely okay all right now we are to some
[01:18:04] timely okay all right now we are to some of the case specific questions
[01:18:07] of the case specific questions that you can expect to get if these
[01:18:11] that you can expect to get if these kinds of circumstances are present in
[01:18:13] kinds of circumstances are present in your matter so if you were ever arrested
[01:18:16] your matter so if you were ever arrested or detained get ready for some questions
[01:18:18] or detained get ready for some questions like this so who arrested or detained
[01:18:21] like this so who arrested or detained you and what government entity was it
[01:18:23] you and what government entity was it are they from and how I should say how
[01:18:26] are they from and how I should say how do you know this how do you know that
[01:18:28] do you know this how do you know that next what did they say while arresting
[01:18:30] next what did they say while arresting you or transporting you to detention
[01:18:32] you or transporting you to detention they wanted the officer wants to know
[01:18:34] they wanted the officer wants to know what they said okay and often they ask
[01:18:36] what they said okay and often they ask about what they said while they were
[01:18:38] about what they said while they were arresting you or taking you away to suit
[01:18:41] arresting you or taking you away to suit attention what did they say when you
[01:18:43] attention what did they say when you first arrived at the jail or detention
[01:18:45] first arrived at the jail or detention site
[01:18:46] site did they ever explain why you were being
[01:18:48] did they ever explain why you were being detained
[01:18:49] detained next up we've got for about how many
[01:18:52] next up we've got for about how many hours were you detained in total or that
[01:18:54] hours were you detained in total or that could be how many days or weeks or four
[01:18:56] could be how many days or weeks or four months or years
[01:18:58] months or years basically how long were you detained in
[01:19:00] basically how long were you detained in total
[01:19:01] total did they give you enough water to drink
[01:19:03] did they give you enough water to drink during detention did they give you
[01:19:05] during detention did they give you enough food to eat
[01:19:07] enough food to eat how big was the cell or room in which
[01:19:09] how big was the cell or room in which you were held by the way all of these
[01:19:11] you were held by the way all of these things these last few questions all go
[01:19:13] things these last few questions all go to
[01:19:14] to severity they all are relevant for
[01:19:17] severity they all are relevant for determining whether the harm that you
[01:19:19] determining whether the harm that you suffered is severe enough to count as
[01:19:22] suffered is severe enough to count as persecution
[01:19:23] persecution how many people were in the cell was
[01:19:26] how many people were in the cell was there a bed or anything for you to sleep
[01:19:28] there a bed or anything for you to sleep on or were you on the floor was the
[01:19:30] on or were you on the floor was the temperature kept perhaps extremely cold
[01:19:32] temperature kept perhaps extremely cold or extremely hot did you have access to
[01:19:34] or extremely hot did you have access to a proper restroom if not where did
[01:19:37] a proper restroom if not where did people go to the restroom so if if
[01:19:40] people go to the restroom so if if people just had if you're in a crowded
[01:19:41] people just had if you're in a crowded small crowded cell and people just had
[01:19:43] small crowded cell and people just had to go to the bathroom in the corner and
[01:19:45] to go to the bathroom in the corner and it's dirty and it's getting on people
[01:19:47] it's dirty and it's getting on people and it smells terrible those things are
[01:19:49] and it smells terrible those things are relevant to your
[01:19:51] relevant to your to your claim for establishing that you
[01:19:53] to your claim for establishing that you suffered persecution
[01:19:55] suffered persecution was there urine and fecal matter near
[01:19:57] was there urine and fecal matter near you on the floor where did you use the
[01:20:00] you on the floor where did you use the restroom
[01:20:00] restroom did the guards do anything to make you
[01:20:02] did the guards do anything to make you afraid or uncomfortable like play loud
[01:20:04] afraid or uncomfortable like play loud music or shine bright lights to keep you
[01:20:06] music or shine bright lights to keep you from sleeping basically did they do
[01:20:08] from sleeping basically did they do anything to make you uncomfortable or to
[01:20:10] anything to make you uncomfortable or to torture you what made the conditions of
[01:20:12] torture you what made the conditions of your detention hard or painful okay
[01:20:15] your detention hard or painful okay let's talk about politics for people who
[01:20:17] let's talk about politics for people who are politically active or who are being
[01:20:20] are politically active or who are being targeted for harm because of their
[01:20:22] targeted for harm because of their political opinions or at least what the
[01:20:24] political opinions or at least what the government believes or or private actors
[01:20:26] government believes or or private actors believe to be the applicant's political
[01:20:29] believe to be the applicant's political opinions or activities
[01:20:31] opinions or activities so do you oppose the government of your
[01:20:34] so do you oppose the government of your country if so what is it that you don't
[01:20:36] country if so what is it that you don't like about the party that's in power or
[01:20:39] like about the party that's in power or about their policies like like what what
[01:20:40] about their policies like like what what do you oppose what do you not like
[01:20:42] do you oppose what do you not like because sometimes you know people will
[01:20:44] because sometimes you know people will just say oh yeah I don't like that party
[01:20:46] just say oh yeah I don't like that party that's in power and they can't
[01:20:48] that's in power and they can't articulate why and she doesn't sound
[01:20:50] articulate why and she doesn't sound very credible if they can't explain why
[01:20:51] very credible if they can't explain why are you a member of a political party
[01:20:55] are you a member of a political party if so which party and when did you join
[01:20:58] if so which party and when did you join this political party what was it that
[01:21:01] this political party what was it that Drew you to this party or what did you
[01:21:02] Drew you to this party or what did you like about it what attracted you to this
[01:21:04] like about it what attracted you to this particular party
[01:21:05] particular party for example what was it that you liked
[01:21:07] for example what was it that you liked about this particular party that made
[01:21:09] about this particular party that made you want to join them and not other
[01:21:10] you want to join them and not other parties of similar ideology
[01:21:13] parties of similar ideology and who is the current leader of your
[01:21:15] and who is the current leader of your party the officer figures that if you
[01:21:17] party the officer figures that if you really are a member of a political party
[01:21:19] really are a member of a political party you probably should know who's in who's
[01:21:21] you probably should know who's in who's the head of it right now
[01:21:24] the head of it right now have you remained involved with your
[01:21:25] have you remained involved with your party since you've been in the United
[01:21:26] party since you've been in the United States and if so how
[01:21:28] States and if so how what activities have you done with or in
[01:21:30] what activities have you done with or in support of your party
[01:21:32] support of your party how often did you do these things was it
[01:21:34] how often did you do these things was it like once per month weekly only a couple
[01:21:36] like once per month weekly only a couple of times or what
[01:21:38] of times or what in what month and year did you begin
[01:21:40] in what month and year did you begin your activities with or in support of
[01:21:42] your activities with or in support of your party
[01:21:43] your party in what month and year did you stop
[01:21:45] in what month and year did you stop doing them
[01:21:46] doing them did you have any kind of leadership role
[01:21:48] did you have any kind of leadership role or formal position within your party
[01:21:50] or formal position within your party were you involved in political campaigns
[01:21:52] were you involved in political campaigns or in carrying out elections
[01:21:54] or in carrying out elections what activities did you do more
[01:21:56] what activities did you do more specifically in support of the campaign
[01:21:58] specifically in support of the campaign or elections so what did you do
[01:22:00] or elections so what did you do concretely
[01:22:01] concretely have you attended marches or protests
[01:22:04] have you attended marches or protests against the government
[01:22:05] against the government approximately how many marches or
[01:22:07] approximately how many marches or protests did you attend in total and in
[01:22:10] protests did you attend in total and in what month and year did you first attend
[01:22:12] what month and year did you first attend a March or protest against the
[01:22:13] a March or protest against the government and in what month and year
[01:22:15] government and in what month and year did you last attend one
[01:22:17] did you last attend one and why did you stop attending marches
[01:22:20] and why did you stop attending marches or protests
[01:22:22] or protests what did you do at these protests
[01:22:24] what did you do at these protests exactly you need to be able to explain
[01:22:27] exactly you need to be able to explain what you are protesting and what you did
[01:22:29] what you are protesting and what you did during the protest did you just walk and
[01:22:31] during the protest did you just walk and chant things did you carry a sign
[01:22:34] chant things did you carry a sign did you just stand on a corner as the
[01:22:38] did you just stand on a corner as the Marchers went by what what did you do
[01:22:41] Marchers went by what what did you do okay and here's a question to that and
[01:22:44] okay and here's a question to that and did you carry a banner or sign and if so
[01:22:46] did you carry a banner or sign and if so what did it say and what exactly were
[01:22:48] what did it say and what exactly were you protesting were there any specific
[01:22:50] you protesting were there any specific things that you were opposing or
[01:22:52] things that you were opposing or messages that you were trying to send to
[01:22:53] messages that you were trying to send to the government
[01:22:55] the government has a photograph of you appearing at a
[01:22:58] has a photograph of you appearing at a protest or other event that could be
[01:23:00] protest or other event that could be viewed as anti-government ever been
[01:23:02] viewed as anti-government ever been published in traditional media meaning
[01:23:04] published in traditional media meaning like newspapers in your country or
[01:23:07] like newspapers in your country or perhaps on social media in other words
[01:23:10] perhaps on social media in other words is there a photo of you out there or
[01:23:12] is there a photo of you out there or video of you out there somewhere
[01:23:13] video of you out there somewhere circulating
[01:23:15] circulating that clearly shows you protesting the
[01:23:18] that clearly shows you protesting the government that the government could see
[01:23:19] government that the government could see and be mad about
[01:23:21] and be mad about do you have pictures that you can show
[01:23:23] do you have pictures that you can show me of particip of you participating in
[01:23:25] me of particip of you participating in protest or doing activities with or in
[01:23:27] protest or doing activities with or in support of your political party
[01:23:29] support of your political party basically any photos that look like
[01:23:31] basically any photos that look like you're doing something with your party
[01:23:33] you're doing something with your party can be are you a Fulbright scholar have
[01:23:37] can be are you a Fulbright scholar have you ever worked for or been associated
[01:23:38] you ever worked for or been associated with U.S companies or the US government
[01:23:40] with U.S companies or the US government Fulbright scholar is a prestigious
[01:23:42] Fulbright scholar is a prestigious scholarship that people can get to come
[01:23:45] scholarship that people can get to come study in the United States and in a lot
[01:23:47] study in the United States and in a lot of countries It's associated with or
[01:23:49] of countries It's associated with or people in these countries think that
[01:23:51] people in these countries think that you're some kind of U.S spy or working
[01:23:54] you're some kind of U.S spy or working for the US government in some way if you
[01:23:56] for the US government in some way if you get this scholarship so they think that
[01:23:58] get this scholarship so they think that you oppose their government if their
[01:23:59] you oppose their government if their government is not friendly with the
[01:24:01] government is not friendly with the United States okay or if you've ever
[01:24:03] United States okay or if you've ever worked for or really been associated
[01:24:05] worked for or really been associated with U.S companies or the US government
[01:24:07] with U.S companies or the US government you might be viewed as like a spy or
[01:24:10] you might be viewed as like a spy or against the government of your country
[01:24:11] against the government of your country okay have you ever posted anything on
[01:24:14] okay have you ever posted anything on social media that could be considered
[01:24:16] social media that could be considered critical of your government
[01:24:18] critical of your government if you have then that may put you on the
[01:24:20] if you have then that may put you on the government's radar it may make them want
[01:24:22] government's radar it may make them want to harm you
[01:24:23] to harm you and so if you've done that what did you
[01:24:25] and so if you've done that what did you say
[01:24:26] say do you have records of this that you can
[01:24:28] do you have records of this that you can show me if so what did you say exactly
[01:24:31] show me if so what did you say exactly if you were to go back to your country
[01:24:33] if you were to go back to your country how would the people from the government
[01:24:34] how would the people from the government know that you have political opinions
[01:24:36] know that you have political opinions that don't line up with those of the
[01:24:38] that don't line up with those of the government
[01:24:39] government because you know a lot of people don't
[01:24:40] because you know a lot of people don't express their political opinions that
[01:24:43] express their political opinions that openly but they're still afraid that the
[01:24:45] openly but they're still afraid that the government might view them as
[01:24:47] government might view them as anti-government but the question here is
[01:24:48] anti-government but the question here is like okay well how would they know that
[01:24:49] like okay well how would they know that like you've never protested before
[01:24:51] like you've never protested before you've never criticized the government
[01:24:54] you've never criticized the government on social media how would they even know
[01:24:56] on social media how would they even know that you're against the government okay
[01:24:58] that you're against the government okay all right have the people that you fear
[01:25:01] all right have the people that you fear ever called you names or said anything
[01:25:03] ever called you names or said anything that indicates that they view you as
[01:25:06] that indicates that they view you as opposing the government in your country
[01:25:08] opposing the government in your country like calling you a traitor or
[01:25:09] like calling you a traitor or oppositionist or perhaps use a
[01:25:13] oppositionist or perhaps use a derogatory term that's commonly employed
[01:25:15] derogatory term that's commonly employed in your country to refer to the
[01:25:16] in your country to refer to the political opposition the idea here is
[01:25:18] political opposition the idea here is have they called you names that indicate
[01:25:21] have they called you names that indicate that they think that you oppose the
[01:25:22] that they think that you oppose the government have you ever reported or
[01:25:24] government have you ever reported or attempted to make public any waste
[01:25:27] attempted to make public any waste misuse of funds or any other kind of
[01:25:29] misuse of funds or any other kind of government corruption or abuses
[01:25:31] government corruption or abuses basically have you been what we would
[01:25:33] basically have you been what we would call a whistleblower or someone who
[01:25:35] call a whistleblower or someone who criticized or or
[01:25:38] criticized or or Shine the Light on bad things the
[01:25:40] Shine the Light on bad things the government has done because if they
[01:25:42] government has done because if they retaliate against you for this that can
[01:25:44] retaliate against you for this that can count in some cases as persecution on
[01:25:47] count in some cases as persecution on account of a political and so if so what
[01:25:49] account of a political and so if so what did you report how did you report it and
[01:25:51] did you report how did you report it and to whom
[01:25:52] to whom were you retaliated against after you
[01:25:54] were you retaliated against after you reported the corruption and if so in
[01:25:56] reported the corruption and if so in what way
[01:25:58] what way what makes you believe that what
[01:26:00] what makes you believe that what happened to you was a consequence of
[01:26:02] happened to you was a consequence of your reporting of the corruption so if
[01:26:04] your reporting of the corruption so if something did happen and you think it's
[01:26:06] something did happen and you think it's because you
[01:26:08] because you exposed corruption
[01:26:10] exposed corruption what can you point to that indicates
[01:26:12] what can you point to that indicates that yeah that's why like was there
[01:26:13] that yeah that's why like was there something that the bad guys said that
[01:26:15] something that the bad guys said that clearly connects the two events or is
[01:26:17] clearly connects the two events or is there circumstantial evidence
[01:26:19] there circumstantial evidence next before going to the authorities
[01:26:22] next before going to the authorities outside of your place of work did you
[01:26:25] outside of your place of work did you report the problem up your chain of
[01:26:26] report the problem up your chain of command this question assumes that you
[01:26:28] command this question assumes that you worked that the person worked like in
[01:26:30] worked that the person worked like in the government and they became aware
[01:26:31] the government and they became aware because of that of wrongdoing and they
[01:26:33] because of that of wrongdoing and they exposed it okay so this question is
[01:26:35] exposed it okay so this question is asking well before you went you know to
[01:26:37] asking well before you went you know to the journalists or to the ngos and told
[01:26:39] the journalists or to the ngos and told them about it did you first report the
[01:26:42] them about it did you first report the problem like to your Superior and their
[01:26:45] problem like to your Superior and their Superior
[01:26:46] Superior the next question up next we've actually
[01:26:49] the next question up next we've actually got a different kind of case of sexual
[01:26:52] got a different kind of case of sexual minorities this just basically means any
[01:26:54] minorities this just basically means any member of the lgbtq plus community so
[01:26:58] member of the lgbtq plus community so this term sexual minorities that's the
[01:27:00] this term sexual minorities that's the term that USCIS uses
[01:27:02] term that USCIS uses to refer to the particular social group
[01:27:05] to refer to the particular social group consisting of anyone who is not
[01:27:07] consisting of anyone who is not heterosexual okay they also include in
[01:27:11] heterosexual okay they also include in this not just sexual orientation but
[01:27:13] this not just sexual orientation but gender identity okay so if you're like a
[01:27:16] gender identity okay so if you're like a any kind of non-conforming gender
[01:27:18] any kind of non-conforming gender identity
[01:27:19] identity or a member of the lgbtq plus Community
[01:27:22] or a member of the lgbtq plus Community you would fall in uscis's view in this
[01:27:26] you would fall in uscis's view in this category of what they call sexual
[01:27:28] category of what they call sexual minorities okay
[01:27:30] minorities okay so question 300 what is your sexual
[01:27:32] so question 300 what is your sexual orientation or identity for example do
[01:27:34] orientation or identity for example do you consider yourself to be gay bisexual
[01:27:36] you consider yourself to be gay bisexual or perhaps something else
[01:27:38] or perhaps something else do you have a gender identity that is
[01:27:40] do you have a gender identity that is considered atypical in your country and
[01:27:42] considered atypical in your country and if so what is it
[01:27:44] if so what is it when you were growing up what did your
[01:27:46] when you were growing up what did your family and those in your community say
[01:27:47] family and those in your community say about sexual minorities
[01:27:50] about sexual minorities were you teased or harassed at school or
[01:27:52] were you teased or harassed at school or in the neighborhood because you did not
[01:27:54] in the neighborhood because you did not act in a way that people expect someone
[01:27:56] act in a way that people expect someone of your sex to act we very often see
[01:27:59] of your sex to act we very often see this with feminine boys getting bullied
[01:28:02] this with feminine boys getting bullied because people say that they're too too
[01:28:05] because people say that they're too too girly or something like that something
[01:28:07] girly or something like that something ridiculous like that it happens a lot
[01:28:09] ridiculous like that it happens a lot and that is relevant to your case
[01:28:13] and that is relevant to your case if you are religious what does your
[01:28:15] if you are religious what does your religion teach about sexual minorities
[01:28:17] religion teach about sexual minorities and was this something on which your
[01:28:18] and was this something on which your family focused when you were growing up
[01:28:20] family focused when you were growing up this the way that Society including
[01:28:22] this the way that Society including religions and families view sexual
[01:28:25] religions and families view sexual minorities and the things they say about
[01:28:26] minorities and the things they say about them matter if if you're constantly
[01:28:29] them matter if if you're constantly hearing from everyone around you oh it's
[01:28:31] hearing from everyone around you oh it's bad it's a sin or you shouldn't be like
[01:28:33] bad it's a sin or you shouldn't be like this that can actually count as harm and
[01:28:36] this that can actually count as harm and if you combine it or if there's enough
[01:28:37] if you combine it or if there's enough of it or if you combine it with other
[01:28:40] of it or if you combine it with other modes or incidents of harm it can get
[01:28:43] modes or incidents of harm it can get you to the level of persecution
[01:28:46] you to the level of persecution okay have you been excluded or shunned
[01:28:48] okay have you been excluded or shunned from your religious community over your
[01:28:50] from your religious community over your sexual orientation or gender identity
[01:28:52] sexual orientation or gender identity the idea here is that you know everyone
[01:28:53] the idea here is that you know everyone should have the right to practice the
[01:28:55] should have the right to practice the religion they want to practice and
[01:28:58] religion they want to practice and shouldn't be excluded from it over
[01:29:00] shouldn't be excluded from it over sexual orientation or gender identity
[01:29:02] sexual orientation or gender identity and so that can be harm as well has it
[01:29:05] and so that can be harm as well has it been hard to get jobs or have you
[01:29:06] been hard to get jobs or have you perhaps been treated unfairly at work
[01:29:07] perhaps been treated unfairly at work because of your sexual orientation or
[01:29:09] because of your sexual orientation or gender identity have you ever harmed
[01:29:12] gender identity have you ever harmed yourself or thought about harming
[01:29:13] yourself or thought about harming yourself because of the harassment and
[01:29:14] yourself because of the harassment and hardship you've endured over your sexual
[01:29:17] hardship you've endured over your sexual orientation or gender identity
[01:29:19] orientation or gender identity when did you first really understand
[01:29:21] when did you first really understand that you were gay and this line of
[01:29:23] that you were gay and this line of questioning that we're getting into now
[01:29:24] questioning that we're getting into now is for the purpose of the officer
[01:29:29] is for the purpose of the officer did making the drawing the conclusion
[01:29:31] did making the drawing the conclusion that you are a gay or a member of the
[01:29:33] that you are a gay or a member of the lgbtq plus Community because sometimes
[01:29:36] lgbtq plus Community because sometimes people do lie about this right people
[01:29:38] people do lie about this right people from certain countries will sometimes
[01:29:41] from certain countries will sometimes know that okay if someone from my
[01:29:44] know that okay if someone from my country is gay they will get asylum in
[01:29:46] country is gay they will get asylum in the United States and therefore I'm
[01:29:48] the United States and therefore I'm gonna lie I'm gonna lie about it I'm
[01:29:50] gonna lie I'm gonna lie about it I'm gonna pretend that I am so you actually
[01:29:52] gonna pretend that I am so you actually do have to convince the Assam officer
[01:29:54] do have to convince the Assam officer that you really are a sexual minority
[01:29:56] that you really are a sexual minority and I know that sounds ridiculous but
[01:29:58] and I know that sounds ridiculous but that's just how it is and so they're
[01:30:00] that's just how it is and so they're going to ask you questions that they
[01:30:01] going to ask you questions that they would expect a sex a person who is from
[01:30:03] would expect a sex a person who is from a sexual minority Community to be able
[01:30:06] a sexual minority Community to be able to answer that the kind of things that
[01:30:08] to answer that the kind of things that the Assam officer figures that okay if
[01:30:10] the Assam officer figures that okay if you lived this experience
[01:30:12] you lived this experience then you should be able to talk about
[01:30:15] then you should be able to talk about these experiences that someone like this
[01:30:17] these experiences that someone like this has experienced so it's like questions
[01:30:19] has experienced so it's like questions like you know when did what was your own
[01:30:21] like you know when did what was your own Journey tell me about your journey for
[01:30:24] Journey tell me about your journey for example when did you first understand
[01:30:25] example when did you first understand that you were gay or whatever the case
[01:30:27] that you were gay or whatever the case may be okay did you tell anyone when you
[01:30:30] may be okay did you tell anyone when you first realized this and if not why not
[01:30:34] first realized this and if not why not when did you first tell someone about
[01:30:36] when did you first tell someone about your sexual orientation whom did you
[01:30:38] your sexual orientation whom did you tell and how did they react
[01:30:41] tell and how did they react did you know other gay people in your
[01:30:43] did you know other gay people in your home country if so how are they treated
[01:30:46] home country if so how are they treated does your family know that you are gay
[01:30:49] does your family know that you are gay if so what was their reaction when they
[01:30:51] if so what was their reaction when they found out have you ever been in a
[01:30:53] found out have you ever been in a same-sex relationship if so how did the
[01:30:56] same-sex relationship if so how did the two of you meet
[01:30:57] two of you meet okay 320 how long were you together did
[01:31:02] okay 320 how long were you together did you ever live together and are you
[01:31:05] you ever live together and are you currently in a relationship and if so is
[01:31:07] currently in a relationship and if so is it a same-sex relationship
[01:31:08] it a same-sex relationship have you been sexually intimate with
[01:31:10] have you been sexually intimate with someone of the same sex as you
[01:31:12] someone of the same sex as you and how do gay people meet one another
[01:31:15] and how do gay people meet one another in your country
[01:31:16] in your country were you involved in any lgbtq plus
[01:31:19] were you involved in any lgbtq plus organizations in your country and are
[01:31:22] organizations in your country and are you involved in any of those
[01:31:23] you involved in any of those organizations here
[01:31:25] organizations here when you say people in your country want
[01:31:27] when you say people in your country want to kill people like you can you explain
[01:31:29] to kill people like you can you explain what you mean by people like you this is
[01:31:31] what you mean by people like you this is because sometimes people Asylum
[01:31:35] because sometimes people Asylum applicants won't want to
[01:31:37] applicants won't want to use the word gay or or bisexual to
[01:31:42] use the word gay or or bisexual to describe themselves they're they're kind
[01:31:44] describe themselves they're they're kind of reluctant to do it just because of
[01:31:46] of reluctant to do it just because of the challenges they've had with that
[01:31:49] the challenges they've had with that especially probably in their home
[01:31:50] especially probably in their home country and so they might say things
[01:31:52] country and so they might say things like oh people like me without wanting
[01:31:55] like oh people like me without wanting to
[01:31:56] to straight up just say
[01:31:58] straight up just say gay or bisexual whatever the case may be
[01:32:00] gay or bisexual whatever the case may be and so sometimes the officer will ask
[01:32:01] and so sometimes the officer will ask questions like this to try to explore
[01:32:04] questions like this to try to explore that more okay have you had a
[01:32:07] that more okay have you had a relationship with a gay person while in
[01:32:09] relationship with a gay person while in the United States
[01:32:10] the United States and how many partners have you had in
[01:32:12] and how many partners have you had in the United States were you romantically
[01:32:15] the United States were you romantically intimate with them
[01:32:16] intimate with them were you physically intimate with them
[01:32:18] were you physically intimate with them those are kind of the same thing but
[01:32:20] those are kind of the same thing but they could be a little bit different did
[01:32:21] they could be a little bit different did you live together are you living openly
[01:32:23] you live together are you living openly gay while in the United States
[01:32:25] gay while in the United States have you ever had an account on a gay
[01:32:28] have you ever had an account on a gay dating app like Grindr have you ever
[01:32:30] dating app like Grindr have you ever attended a pride parade or any lgbtq
[01:32:33] attended a pride parade or any lgbtq plus events do you have any photos of
[01:32:36] plus events do you have any photos of yourself at a pride event that you could
[01:32:38] yourself at a pride event that you could show me
[01:32:39] show me do you have any text or social media
[01:32:41] do you have any text or social media direct messages you can show me of you
[01:32:44] direct messages you can show me of you communicating in a flirtatious way with
[01:32:46] communicating in a flirtatious way with someone of the same sex
[01:32:48] someone of the same sex if you could live openly gay in your
[01:32:50] if you could live openly gay in your country without fear of being harmed and
[01:32:53] country without fear of being harmed and without negative social stigma attaching
[01:32:55] without negative social stigma attaching to you would you want to do so in other
[01:32:57] to you would you want to do so in other words
[01:32:58] words do you want to live your life openly gay
[01:33:01] do you want to live your life openly gay or openly bisexual or whatever you may
[01:33:02] or openly bisexual or whatever you may be if you could do that safely would you
[01:33:05] be if you could do that safely would you want to do that do you want to get
[01:33:07] want to do that do you want to get married someday to someone of the same
[01:33:08] married someday to someone of the same sex as you if so could you do that
[01:33:11] sex as you if so could you do that legally in your own country
[01:33:13] legally in your own country is being gay or having same-sex
[01:33:15] is being gay or having same-sex relations a criminal offense in your
[01:33:17] relations a criminal offense in your what are the authorities in your country
[01:33:18] what are the authorities in your country do when someone goes to them over harm
[01:33:20] do when someone goes to them over harm or threats based on their sexual
[01:33:22] or threats based on their sexual orientation do the authorities take
[01:33:24] orientation do the authorities take those kinds of reports seriously
[01:33:27] those kinds of reports seriously all right we are not up to religious
[01:33:30] all right we are not up to religious conversions so someone who has changed
[01:33:32] conversions so someone who has changed religions and that's why they're afraid
[01:33:34] religions and that's why they're afraid of being harmed in their country so were
[01:33:36] of being harmed in their country so were you born into a religious family and if
[01:33:38] you born into a religious family and if so what was the religion growing up did
[01:33:40] so what was the religion growing up did you consider yourself to be an adherent
[01:33:42] you consider yourself to be an adherent of that Faith or in other words did you
[01:33:44] of that Faith or in other words did you consider yourself to be
[01:33:45] consider yourself to be a follower of that faith
[01:33:47] a follower of that faith growing up did you attend services or do
[01:33:49] growing up did you attend services or do other things in observance of your faith
[01:33:52] other things in observance of your faith and if so about how often did you do
[01:33:54] and if so about how often did you do these things and when did you stop doing
[01:33:56] these things and when did you stop doing them when did you begin being interested
[01:33:59] them when did you begin being interested in a religion other than the one you
[01:34:00] in a religion other than the one you previously associated with or when did
[01:34:03] previously associated with or when did you begin to think that your old
[01:34:04] you begin to think that your old religion might not be the right faith
[01:34:06] religion might not be the right faith for you similar to the questions we just
[01:34:08] for you similar to the questions we just went over for the lgbtq plus community
[01:34:12] went over for the lgbtq plus community for religious conversion the officer
[01:34:13] for religious conversion the officer wants to know a lot about your journey
[01:34:15] wants to know a lot about your journey and how you got to where you are now
[01:34:17] and how you got to where you are now with regard to your faith okay so what
[01:34:20] with regard to your faith okay so what caused you to start considering that
[01:34:22] caused you to start considering that your old religion might not be a good
[01:34:24] your old religion might not be a good fit for you and how did you get
[01:34:26] fit for you and how did you get interested in your new religion who
[01:34:28] interested in your new religion who introduced you to it when were you
[01:34:30] introduced you to it when were you introduced to the new religion
[01:34:32] introduced to the new religion what did you think about the new
[01:34:34] what did you think about the new religion when you first began learning
[01:34:36] religion when you first began learning about it like what were your impressions
[01:34:39] about it like what were your impressions what caused you to become more serious
[01:34:41] what caused you to become more serious about possibly embracing the new
[01:34:42] about possibly embracing the new religion
[01:34:43] religion was there a particular thing that
[01:34:45] was there a particular thing that happened that made you decide to go
[01:34:46] happened that made you decide to go ahead and fully embrace the new religion
[01:34:48] ahead and fully embrace the new religion leaving your old religion behind this
[01:34:51] leaving your old religion behind this question is trying to ask whether there
[01:34:53] question is trying to ask whether there was some
[01:34:54] was some incident that or something that happened
[01:34:56] incident that or something that happened that was really a turning point where
[01:34:57] that was really a turning point where you really said you know what I'm ready
[01:34:59] you really said you know what I'm ready to go all in and adopt this new religion
[01:35:01] to go all in and adopt this new religion okay if so what was it and when did it
[01:35:03] okay if so what was it and when did it happen what is it about your new
[01:35:05] happen what is it about your new religion that you found so compelling
[01:35:07] religion that you found so compelling that you left your old religion for it
[01:35:08] that you left your old religion for it in other words what Drew you to the new
[01:35:10] in other words what Drew you to the new religion or what is it that you like so
[01:35:11] religion or what is it that you like so much about it
[01:35:13] much about it what are some of your favorite things
[01:35:15] what are some of your favorite things about your new religion
[01:35:17] about your new religion have there been key relationships with
[01:35:19] have there been key relationships with people that have led you to become a
[01:35:21] people that have led you to become a member of your new religion or to grow
[01:35:24] member of your new religion or to grow in your faith as a member of your new
[01:35:27] in your faith as a member of your new religion if so who are they and when did
[01:35:30] religion if so who are they and when did you meet them and what did they do in
[01:35:32] you meet them and what did they do in this regard are there people who have
[01:35:34] this regard are there people who have seen you grow in your faith such as by
[01:35:36] seen you grow in your faith such as by being around you in the early days of
[01:35:37] being around you in the early days of the conversion process and then
[01:35:39] the conversion process and then continuing to be around you more
[01:35:41] continuing to be around you more recently
[01:35:42] recently in other words is there someone who's
[01:35:43] in other words is there someone who's really familiar with your faith Journey
[01:35:45] really familiar with your faith Journey do you go to a place of worship for your
[01:35:47] do you go to a place of worship for your new religion
[01:35:49] new religion if so where and how often do you go
[01:35:51] if so where and how often do you go have you ever held any leadership
[01:35:53] have you ever held any leadership positions in your new place of worship
[01:35:55] positions in your new place of worship or any other religious organizations
[01:35:58] or any other religious organizations if so what were the organizations and
[01:36:01] if so what were the organizations and what was your position
[01:36:02] what was your position what did you do in that role or position
[01:36:05] what did you do in that role or position and when did you do it
[01:36:07] and when did you do it what activities do you do with your
[01:36:09] what activities do you do with your place of worship or activities related
[01:36:11] place of worship or activities related to your faith like what do you actually
[01:36:13] to your faith like what do you actually do
[01:36:14] do and how often do you do them and do you
[01:36:17] and how often do you do them and do you have photos that you can show me of you
[01:36:18] have photos that you can show me of you attending religious ceremonies or doing
[01:36:20] attending religious ceremonies or doing activities with people from your place
[01:36:22] activities with people from your place of worship where do you see things going
[01:36:24] of worship where do you see things going in the future with respect to your faith
[01:36:25] in the future with respect to your faith for example do you perhaps aspire to a
[01:36:28] for example do you perhaps aspire to a leadership role in your place of worship
[01:36:29] leadership role in your place of worship or other religious organizations and is
[01:36:32] or other religious organizations and is your faith a crucial part of your
[01:36:34] your faith a crucial part of your identity would you like to live openly
[01:36:36] identity would you like to live openly as a member of your new religion and
[01:36:38] as a member of your new religion and fear that you would be harmed for this
[01:36:40] fear that you would be harmed for this if you had to be in your country
[01:36:42] if you had to be in your country and what do you fear would happen to you
[01:36:45] and what do you fear would happen to you if you went to your country and openly
[01:36:46] if you went to your country and openly practiced your new faith who in your
[01:36:50] practiced your new faith who in your country knows that you have changed
[01:36:51] country knows that you have changed religions or does anyone know and how
[01:36:54] religions or does anyone know and how would the people that you fear in your
[01:36:55] would the people that you fear in your country know that you renounced your old
[01:36:58] country know that you renounced your old religion and embraced a new one okay
[01:37:00] religion and embraced a new one okay we're on family-based persecution where
[01:37:03] we're on family-based persecution where someone is targeting you because you're
[01:37:05] someone is targeting you because you're a member of your family
[01:37:07] a member of your family so have the people whom you fear ever
[01:37:09] so have the people whom you fear ever said or done anything to indicate that
[01:37:10] said or done anything to indicate that they hate or wanted to punish your
[01:37:12] they hate or wanted to punish your family is there any reason to believe
[01:37:14] family is there any reason to believe that the reason the persecutors would
[01:37:16] that the reason the persecutors would Target you for harm is that they want to
[01:37:18] Target you for harm is that they want to harm your family
[01:37:20] harm your family what did the attackers say to you about
[01:37:22] what did the attackers say to you about your family when they attacked you
[01:37:24] your family when they attacked you have they indicated that a good way to
[01:37:26] have they indicated that a good way to punish your parent spouse or child would
[01:37:28] punish your parent spouse or child would be to hurt you we see this where someone
[01:37:31] be to hurt you we see this where someone really wants to get at
[01:37:33] really wants to get at one of your family members like say your
[01:37:35] one of your family members like say your parent and they say ha I'm going to
[01:37:37] parent and they say ha I'm going to really teach that parent a lesson I'm
[01:37:39] really teach that parent a lesson I'm going to do it by hurting their child
[01:37:40] going to do it by hurting their child because I know that hurting their child
[01:37:42] because I know that hurting their child is the best way to punish the the parent
[01:37:45] is the best way to punish the the parent well the harm to the child would be harm
[01:37:48] well the harm to the child would be harm on account of their membership in the
[01:37:50] on account of their membership in the particular social group consisting of
[01:37:52] particular social group consisting of immediate family members of the parent
[01:37:53] immediate family members of the parent the harm would not happen if it were not
[01:37:56] the harm would not happen if it were not for this relation to special
[01:37:57] for this relation to special relationship between a parent and child
[01:37:59] relationship between a parent and child so that's how that works
[01:38:01] so that's how that works all right let's go to domestic violence
[01:38:04] all right let's go to domestic violence okay
[01:38:06] okay so what has your partner done to harm
[01:38:08] so what has your partner done to harm you
[01:38:09] you did your partner limit your Mobility
[01:38:11] did your partner limit your Mobility like did they control where you could go
[01:38:13] like did they control where you could go such as by locking you in a room or
[01:38:15] such as by locking you in a room or forbidding you to leave the house
[01:38:17] forbidding you to leave the house were you able to freely communicate with
[01:38:19] were you able to freely communicate with others did they try to keep you away
[01:38:21] others did they try to keep you away from friends and family
[01:38:23] from friends and family did they force you to have sex when you
[01:38:25] did they force you to have sex when you did not want to
[01:38:26] did not want to did they tell you to keep what was
[01:38:28] did they tell you to keep what was happening a secret
[01:38:30] happening a secret what adjectives did they use to describe
[01:38:32] what adjectives did they use to describe you like do they call you demeaning or
[01:38:35] you like do they call you demeaning or or mean names or make fun of you
[01:38:37] or mean names or make fun of you criticize you
[01:38:39] criticize you did they ever say things like you belong
[01:38:41] did they ever say things like you belong to me or I own you this is relevant for
[01:38:44] to me or I own you this is relevant for establishing that the harm was on
[01:38:46] establishing that the harm was on account of your membership in a
[01:38:48] account of your membership in a particular social group that USCIS calls
[01:38:51] particular social group that USCIS calls women or it could be men viewed as
[01:38:54] women or it could be men viewed as property by virtue of their position in
[01:38:56] property by virtue of their position in a domestic relationship that's how USCIS
[01:38:59] a domestic relationship that's how USCIS formulates this particular social group
[01:39:01] formulates this particular social group did they make you do lots of chores or
[01:39:03] did they make you do lots of chores or perform other work and if so did they
[01:39:04] perform other work and if so did they make you do it for long hours or perhaps
[01:39:06] make you do it for long hours or perhaps under difficult conditions
[01:39:09] under difficult conditions were you able to attend school or work
[01:39:11] were you able to attend school or work outside of the house or did they keep
[01:39:12] outside of the house or did they keep you from doing these things
[01:39:14] you from doing these things did they control all the money making
[01:39:16] did they control all the money making you financially dependent on them
[01:39:18] you financially dependent on them did you ever try to assert yourself and
[01:39:20] did you ever try to assert yourself and if so what happened when you did it
[01:39:23] if so what happened when you did it did you ever try unsuccessfully to leave
[01:39:25] did you ever try unsuccessfully to leave your partner
[01:39:26] your partner if so what happened when you tried to
[01:39:28] if so what happened when you tried to leave did they find you and somehow
[01:39:30] leave did they find you and somehow force or convince you to come back
[01:39:33] force or convince you to come back did the abuse stop once you were finally
[01:39:35] did the abuse stop once you were finally able to leave
[01:39:37] able to leave have they continued to do things to harm
[01:39:39] have they continued to do things to harm you or to threaten you
[01:39:41] you or to threaten you do you think they would continue to harm
[01:39:42] do you think they would continue to harm you if you went back to your country
[01:39:44] you if you went back to your country what makes you think they would find and
[01:39:46] what makes you think they would find and harm you if you just went and lived with
[01:39:48] harm you if you just went and lived with someone else
[01:39:49] someone else all right we're going to talk briefly
[01:39:51] all right we're going to talk briefly about female genital mutilation
[01:39:54] about female genital mutilation sometimes called female genital cutting
[01:39:56] sometimes called female genital cutting when if this is something that you
[01:39:58] when if this is something that you suffered when did you suffer FGM how old
[01:40:01] suffered when did you suffer FGM how old were you
[01:40:03] were you what do you remember about that day
[01:40:05] what do you remember about that day who did this to you who mutilated you
[01:40:07] who did this to you who mutilated you was it extremely painful the answer to
[01:40:09] was it extremely painful the answer to that is probably pretty obvious but
[01:40:11] that is probably pretty obvious but you're gonna get this question all the
[01:40:12] you're gonna get this question all the same
[01:40:13] same did your parents Express an opinion for
[01:40:15] did your parents Express an opinion for or against FGM ever
[01:40:18] or against FGM ever did you or your spouse Express an
[01:40:20] did you or your spouse Express an opinion for or against FGM at any moment
[01:40:24] opinion for or against FGM at any moment this question is actually for you're
[01:40:25] this question is actually for you're afraid that someone will do FGM on to
[01:40:28] afraid that someone will do FGM on to one of your children like to your
[01:40:29] one of your children like to your daughter
[01:40:30] daughter and you oppose it if you say no no I
[01:40:32] and you oppose it if you say no no I don't want this to be done to them I'm
[01:40:33] don't want this to be done to them I'm against FGM I think it's bad I think
[01:40:36] against FGM I think it's bad I think that it should not happen that can
[01:40:37] that it should not happen that can actually serve as a viable protected
[01:40:41] actually serve as a viable protected characteristic characteristic for
[01:40:42] characteristic characteristic for purposes of getting Asylum
[01:40:44] purposes of getting Asylum who else in your family has suffered FGM
[01:40:47] who else in your family has suffered FGM did you feel ashamed or sad after the
[01:40:50] did you feel ashamed or sad after the incident if you were were mutilated by
[01:40:53] incident if you were were mutilated by FGM
[01:40:54] FGM did it cause pain for a long time after
[01:40:56] did it cause pain for a long time after the incident
[01:40:57] the incident do you still suffer consequences from
[01:40:59] do you still suffer consequences from FGM today many women still do and that's
[01:41:02] FGM today many women still do and that's relevant and you need to tell the
[01:41:04] relevant and you need to tell the officer about it if you still have
[01:41:06] officer about it if you still have problems from it okay
[01:41:08] problems from it okay do you have nightmares or become sad or
[01:41:10] do you have nightmares or become sad or fearful when you think about what you
[01:41:11] fearful when you think about what you went through
[01:41:12] went through were you able to have a normal sexual
[01:41:14] were you able to have a normal sexual life for example do you find sex painful
[01:41:16] life for example do you find sex painful or unenjoyable because of what you've
[01:41:18] or unenjoyable because of what you've endured
[01:41:19] endured have you had children and if so were you
[01:41:21] have you had children and if so were you able to give birth naturally
[01:41:23] able to give birth naturally or as opposed to having a c-section
[01:41:26] or as opposed to having a c-section what do you now think about FGM do you
[01:41:29] what do you now think about FGM do you oppose it like are you against it as a
[01:41:30] oppose it like are you against it as a practice
[01:41:32] practice have you expressed this opposition
[01:41:33] have you expressed this opposition publicly or at least to family members
[01:41:37] publicly or at least to family members do you fear someone will harm you if you
[01:41:38] do you fear someone will harm you if you refuse to allow your daughter to be
[01:41:40] refuse to allow your daughter to be subjected to FGM
[01:41:42] subjected to FGM what makes you think someone will harm
[01:41:44] what makes you think someone will harm you for this reason
[01:41:46] you for this reason are you aware of anyone in your family
[01:41:47] are you aware of anyone in your family or tribe who has been harmed because
[01:41:49] or tribe who has been harmed because they opposed FGM or because they refused
[01:41:51] they opposed FGM or because they refused to let their child be subjected to it
[01:41:53] to let their child be subjected to it and what would the authorities say if
[01:41:55] and what would the authorities say if you went to them over your fear of being
[01:41:57] you went to them over your fear of being harmed over your opposition to FGM
[01:42:01] harmed over your opposition to FGM and how would your family or tribe find
[01:42:03] and how would your family or tribe find you if you moved to another city or
[01:42:04] you if you moved to another city or region in your country
[01:42:06] region in your country all right quickly we're going to finish
[01:42:08] all right quickly we're going to finish by talking about gangs when the the bad
[01:42:11] by talking about gangs when the the bad guys are gang members so what do you
[01:42:14] guys are gang members so what do you think it is about you that is causing
[01:42:16] think it is about you that is causing the gang to want to recruit you or which
[01:42:18] the gang to want to recruit you or which may make them want to harm you what
[01:42:20] may make them want to harm you what about you in particular is making you
[01:42:22] about you in particular is making you the target
[01:42:23] the target do you regret the fact that the gang is
[01:42:25] do you regret the fact that the gang is so powerful in your community and view
[01:42:28] so powerful in your community and view them as a negative force in society it's
[01:42:30] them as a negative force in society it's kind of complicated why the officer is
[01:42:32] kind of complicated why the officer is asking this but it's definitely
[01:42:34] asking this but it's definitely sometimes relevant so you should be
[01:42:36] sometimes relevant so you should be prepared for it
[01:42:37] prepared for it have you ever spoken against the gang or
[01:42:40] have you ever spoken against the gang or criticized them and have you done
[01:42:42] criticized them and have you done anything else that makes the gang view
[01:42:44] anything else that makes the gang view you as an opponent to the Gang do you
[01:42:47] you as an opponent to the Gang do you oppose the gang perhaps on religious
[01:42:49] oppose the gang perhaps on religious grounds
[01:42:50] grounds and has the gang ever said anything
[01:42:51] and has the gang ever said anything about your religion like made fun of it
[01:42:53] about your religion like made fun of it or made fun of you for being religious
[01:42:57] or made fun of you for being religious and that's it that's
[01:43:00] and that's it that's 428 Asylum questions to expect in your
[01:43:04] 428 Asylum questions to expect in your case listen give us a call if you want
[01:43:06] case listen give us a call if you want to talk about this in in detail if you
[01:43:09] to talk about this in in detail if you wanna
[01:43:10] wanna talk with us about what's going on with
[01:43:12] talk with us about what's going on with your situation and have us assess
[01:43:14] your situation and have us assess whether we might be able to help you win
[01:43:15] whether we might be able to help you win asylum in the United States our phone
[01:43:17] asylum in the United States our phone number is
[01:43:20] 713-909-0401 again it's
[01:43:24] 713-909-0401 I'm Brian Manning and as
[01:43:27] 713-909-0401 I'm Brian Manning and as always it's truly a pleasure and an
[01:43:29] always it's truly a pleasure and an honor to serve you in your Asylum
[01:43:31] honor to serve you in your Asylum Journey

https://www.youtube.com/watch?v=lRO7iJrpAHg

Summary

TL;DR — This video provides a comprehensive overview of the 428 questions an asylum officer or judge might ask during an asylum case in the United States. It emphasizes the importance of truthful and detailed answers to meet asylum requirements and avoid deportation. The training, led by a former asylum officer and current asylum lawyer, covers various question categories, from personal background and past harm to future fears and specific case types.

Key points

• The asylum process involves detailed questioning to verify eligibility, and failure to answer adequately can lead to deportation.

• Questions are categorized into preliminary discussions, past harm, future threats, the nexus requirement (linking harm to a protected ground), and issues related to private actors, internal relocation, firm resettlement, and the one-year filing deadline.

• Specific case types, such as those involving political opinion, social groups (including LGBTQ+ individuals), religious conversion, domestic violence, and gang activity, will elicit tailored questions.

• The interview includes administrative questions designed to establish a record and prevent future claims of misunderstanding or inability to answer.

• Honesty and detailed, truthful answers are crucial for a successful asylum claim, as officers are trained to detect fraud.

• Understanding the motivation behind persecution (Nexus) and proving the government's inability or unwillingness to protect is vital, especially when private actors are involved.

Takeaway — Thorough preparation and truthful, detailed answers to the extensive questions asked during an asylum interview are critical for a successful outcome and to avoid deportation.