Hi,
I applied for asylum in January 2016 and have been waiting for an interview since then. My lawyer prepared all the documents and submitted my application. The story that he submitted in 2016 wasn't well written and has a lack of details and some episodes from my life are missing. So the question is: can I update my story with more details? Can I change some details in my old story that weren't accurate? Can I remove some episodes from my old story, because I think it is not relevant anymore? How and when is the best time to do it?
Thank you
Hello.
Important: Your local Asylum Office or the Clerk of the Court (when referred to immigration judge) are your friends. Do not stress out, or be afraid to visit them with questions. If fact, go and hang out there all the time if you want. Do not be like me in the old days, hiding, not going to the Asylum Office to get my questions answered or to check on my case. Showing up at immigration court with questions for the clerk, or going to the Asylum Office to get issues clarified...will NOT diminish the merits of your case. So, go go go and hang out at the asylum office....as long as your case is moving (or stuck
) in the system, you are legally allowed to go about your business without being picked by ICE etc. You are free. So have no fear.
Now, for your question:
The Asylum Officer or, when referred to court, the judge, is only interested in the
correct facts relevant to your case. If you have made errors, if you have things you need to review, if there are things that are no longer relevant to your case, you are allowed to delete them, remove them, until the last day before your interview or court hearing. While you are allowed to do all these changes, it is important that you try your best to remain credible. Typically, the judge or Asylum Officer (AO), is not going to ask or bother you about...why did you remove this fact, why did your change this or that. For example, after being referred to court, people have thrown out their whole case presented to the AO...came up with completely new files/evidence, and the judges never went back and say: ah...I need to see the old file you presented to the AO.
.
Practical Steps to take:
Your local Asylum Office has all your case files. Presumably, if your lawyer was competent, he would have CLEARLY labeled each and every document in your case file, for example:
1. Table of Contents
2. Personal Statement - Tell your story in your own words
3. Case: Mr. ABC vs. The People (not required for affirmative asylum, required if you go to court). For AO, a simple legal statement explaining why you deserve asylum is sufficient.
4. Country Conditions
5. Exhibit A - Criminal Record from the FBI
6. Exhibit B - Letters of Support from community: Pastor, church members, American friends,
7. Exhibit C - Affidavits: People back home attesting parts of your story (for example, if you say you were a member of Political Party A, have one of the party members send an affidavit supporting your claim).
8. Exhibit D - Health Status Affidavits: HIV/AIDS +? Submit the evidence here. LGBT? Submit the evidence here. Tortured? Have a doctor submit a letter with results of physical exam. Trauma from the torture? Have psychiatry person submit results of exam.
9. Exhibit E - Case Studies of people like you (LGBT, HIV/AIDS, govt. critics, journalists, etc) who went back and something happened to them, which could happen to you.
10. Conclusion: "The record and exhibits presented in this case clearly show that Mr. ABC was .... and is ...... His government, like it has done in the past, will not offer him protection. If he is returned to his home country, he is likely to face ...."
If you submitted a case like above, all you need to do is go to your local asylum office. Ask them, like: I would like to replace document 2, 'Personal Statement'. They will remove and replace. I think, in order to be safe, it is best to create a new file (with everything updated) and visiting the Asylum Office and asking them to replace the old file. They can add the new documents if they don't want to remove the old files. As I said above, the AO will only focus on the updated file, he won't waste his time comparing the old file vs. the new file.
You can also send the new files to USCIS...but those guys are notorious for not forwarding the updated files to your local Asylum Office. Good luck!
