How to Write a Support Letter or Declaration for an Asylum Applicant

What a third-party letter does in an asylum case

The applicant carries the burden of proof. Testimony can be enough on its own only if the decision-maker finds it credible, persuasive and specific. Where the decision-maker decides that credible testimony should be corroborated, the applicant must provide the evidence unless the applicant does not have it and cannot reasonably obtain it (INA 208(b)(1)(B)(i) and (ii)). The asylum evidence guide explains what to gather. This page covers only the letter that another person writes.

A third-party letter can play one of three roles. Choose the role before writing, because each role needs different facts:

• Witness to an event. The writer saw or heard something that is part of the claim: an arrest, a threat, an assault, a dismissal, a protest, the applicant's membership in a group.
• Witness to a relationship or a fact. A parent, spouse or sibling confirms a family relationship, or a colleague confirms a job and the date it ended.
• Witness to life in the United States. An employer, teacher, neighbor or community leader describes work, study or volunteering. This supports the discretionary side of the decision. It does not prove the elements of the claim.

Letter or declaration under 28 U.S.C. 1746?

A plain letter is not sworn. Federal law lets a person make an unsworn declaration “with like force and effect” as a sworn statement when the law allows a matter to be supported by a sworn statement or affidavit. The declaration must be “subscribed by him, as true under penalty of perjury, and dated” (28 U.S.C. 1746). The statute excludes depositions and oaths that must be taken before a specified official other than a notary public.

The statute gives two forms. Inside the United States the closing reads: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).” It is followed by the signature. Outside the United States the declaration must say “under penalty of perjury under the laws of the United States of America”.

Some attorneys prefer this format because the writer states the facts as true under penalty of perjury. Ask whoever prepares the case which format the file needs. For family relationships, the Form I-589 instructions ask for affidavits that are sworn or affirmed, and they say that a person who submits an affidavit must submit the original.

What the letter should contain

Write in the first person, in plain sentences, and keep to what you know. Keep the order simple so that the reader can match each fact to the applicant's declaration.

1. Your full name, address, phone, email and the date. Add your date of birth and occupation if the applicant's attorney asks for them.
2. How you know the applicant, since when and how often you are in touch. A real relationship that you keep up by phone or online still counts.
3. What you saw or heard yourself, with dates and places. Mark clearly what you know only because the applicant told you.
4. Names, dates and places that match the applicant's declaration. If you remember something differently, tell the applicant's attorney before you sign, not after.
5. The applicant's life in the United States in concrete terms: the job, the class, the volunteer work, with dates.
6. If you know about risks on return, say what you know and how you know it, for example a threat you heard or a news report you read. Do not guess.
7. A declaration sentence under 28 U.S.C. 1746, your signature and the date. Attach a copy of your government-issued photo ID.

What to leave out

The decision-maker may base a credibility finding on the plausibility of an account, on its consistency with the applicant's statements and with other evidence in the record, and on “any inaccuracies or falsehoods” (INA 208(b)(1)(B)(iii)). Four habits create risk:

• Copying a template. Sample letters are written for imaginary people. A letter that repeats template wording but not the applicant's real dates, places and events adds no usable fact and may conflict with the declaration.
• Legal conclusions. Do not write that the applicant “qualifies for asylum” or “is a refugee”. The decision-maker decides that.
• Guesses and rumors. Write “I was told” when you were told. Do not describe an event you did not witness as if you had.
• Pressure. Do not ask the reader for a particular result. A short, polite closing is enough.

Translation and certification

If the letter is not in English, USCIS requires a full English translation “which the translator has certified as complete and accurate”, together with the translator's certification that he or she is competent to translate from the foreign language into English (8 CFR 103.2(b)(3)). The Form I-589 instructions add that the certification must show the translator's signature, printed name, date and contact information. The translation accompanies the document in its original language.

In immigration court the rule is similar. Under 8 CFR 1003.33 the certification must be signed and printed legibly or typed, and it must state that the translator is competent to translate the document and that the translation is true and accurate.

Who can read the letter

A common belief is that an asylum letter stays private and that nobody else sees it. The rule is narrower. 8 CFR 208.6 protects information in an asylum application and records showing that a person applied for asylum. These records “shall not be disclosed without the written consent of the applicant”, except as the section permits. The section does not apply to disclosures to U.S. Government officials or contractors who need the information to decide the application, to defend related legal actions or for a government investigation. It also does not apply to disclosures to courts that hear legal actions arising from the case (8 CFR 208.6).

In practice the asylum officer, the immigration judge and the government's attorney can read what is filed. A writer who lives in the country the applicant fears, or who has relatives there, should ask the applicant's attorney whether signing and sending a letter creates a risk for the writer.

A writer may also be asked to testify. USCIS says an applicant for affirmative asylum “may also bring witnesses to testify on your behalf” to the interview.