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How to Write an Affidavit Letter for Immigration

Last Updated: December 18, 2023 Approved

This article was written by David Katona and by wikiHow staff writer, Jennifer Mueller, JD . David Katona is an Immigration Lawyer and the Founder of Katona & Associates PLLC in New York City. With over 20 years of experience, he specializes in business immigration and green card sponsorship. He earned a law degree from American University Washington College of Law, a Master of International Affairs from American University’s School of International Service, and a BS in Business from Wake Forest University. Super Lawyers named him a Super Lawyer - Business Immigration in 2014, 2016-2022, and a Rising Star - Business Immigration in 2011. His firm was also rated by Best Lawyers as a Tier 1 immigration firm in NYC and Tier 2 nationally from 2020-2023. David is a member of the American Immigration Lawyers Association (AILA) and the NYC Bar Association. There are 7 references cited in this article, which can be found at the bottom of the page. wikiHow marks an article as reader-approved once it receives enough positive feedback. In this case, 83% of readers who voted found the article helpful, earning it our reader-approved status. This article has been viewed 284,345 times.

If someone you know is immigrating to the United States, you might need to write an affidavit letter – a written statement you submit under oath that the facts within it are true. There are several situations in which someone you know who is in the process of immigration may want you to write an affidavit letter on his or her behalf. Typically, you write an affidavit because you are pledging to support the new immigrant financially, or to back up the immigrant's claim that his or her marriage was made in good faith. You also might be asked to write a sworn declaration regarding facts or information about the immigrant for which appropriate legal documentation is unavailable.

Affidavit Letter for Immigration Template

personal statement for immigration sample

Writing an I-751 Affidavit

Step 1 Talk to the person immigrating to the U.S.

  • Typically you would be asked to write an affidavit if you are close to the couple and have spent a lot of time with them. In the affidavit, you will relate facts or circumstances that support their marriage as a legitimate one, rather than simply a marriage of convenience to obtain U.S. permanent residency or citizenship. [1] X Research source [2] X Research source
  • Additionally, you may be asked to write an affidavit if you are a close family member of the couple, or a religious leader who knows the couple well. [3] X Research source
  • Although affidavits aren't required by U.S. Citizenship and Immigration Services (USCIS), most immigration attorneys recommend submitting several affidavits along with the petition for permanent residency. [4] X Research source
  • While your affidavit doesn't necessarily provide objective proof to the USCIS of the couple's relationship, it does demonstrate that the couple happily lives together and is planning for the future. [5] X Research source

Step 2 Outline your facts.

  • You may be able to find sample affidavits, or the person for whom you're writing the affidavit may provide you with one. However, you should only use any samples you have as a guide to the types of information that can be included in your affidavit – don't copy them directly. [6] X Research source
  • You may want to review documents or talk to your friends to make sure you have dates and times correct. For example, if you went to the couple's wedding, you may double-check with the couple to make sure you have the date of the wedding correct.
  • Ultimately, you want to present facts and observations that cause you to believe that the couple is sincerely in love and intends to remain together. [7] X Research source
  • In some cases, the couple is no longer together. Affidavits still can be used to demonstrate the good faith intent of the immigrant candidate, even though the relationship itself didn't last. In these situations, you may include your understanding of the reasons the couple split. If spousal abuse was involved, you may have observed altercations between the couple. [8] X Research source

Step 3 Format your document.

  • The person for whom you're writing the affidavit, or their attorney, may have a format they prefer you to use. If they have a preference, you should use that format. Otherwise, you can choose the format with which you're most comfortable.
  • Regardless of which format you choose, you should single-space your document with a double-space between paragraphs.
  • Your word-processing application should have a template for business letter format. Date your letter and use "Dear USCIS Officer" as your salutation. [10] X Research source
  • If you decide to use business letter format, you should include your name and address at the top, as well as the title and address for the USCIS service center where the letter will be submitted. You can get this information from the person for whom you're writing the affidavit. [11] X Research source
  • If you're using the legal format, each paragraph should relate a single point or fact. Number your paragraphs sequentially. [12] X Research source
  • Type your affidavit using a basic, legible font – the default font on your word-processing application typically is fine.

Step 4 Title your affidavit.

  • If you're using business letter format, your title will be the subject line of your letter.
  • Generally, you should use the names of the couple and state that what follows is an affidavit letter in support of them. [14] X Research source

Step 5 Identify yourself.

  • If you're using the legal format, use the second paragraph to explain your relationship to the couple. In the third, state how and when you met the couple. You also should include information about how often you see the couple.
  • In business letter format, you can include all of this information in a single paragraph. [15] X Research source [16] X Research source
  • Indicate how long you've known the couple as well as how often you spend time with them. [17] X Research source For example, if you attend the same church as the couple, you may write that you see them at church services twice a week.

Step 6 Present your facts in separate paragraphs.

  • If you're using legal format, each paragraph should be numbered. Your paragraphs may be no more than a sentence or two.
  • Provide as much detail as possible. The more details and specifics such as dates and locations you can include, the stronger your affidavit supports the couple. Remember the point of your affidavit is to support the fact that their marriage is bona fide and was made in good faith – not solely so the person for whom you're writing the affidavit could obtain U.S. citizenship.

Step 7 Close your affidavit.

  • Before your signature, type a sentence that reads "I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge." Leave a few lines blank for your signature, then type your full legal name. [20] X Research source

Step 8 Sign your affidavit in the presence of a notary.

  • Generally, use of a notary public to authenticate the signature is the difference between an affidavit and a sworn declaration. Both documents, however, are signed under oath and penalty of perjury. [22] X Research source
  • You typically can find a notary public at a bank or courthouse. You may have to pay a small fee for the notary's services.
  • When using legal affidavit format, signing in the presence of a notary is required. However, legal affidavit form is not required – you can simply write a letter and present it as a sworn declaration. Affidavits are more formal than sworn declarations. [23] X Research source

Step 9 Submit your affidavit.

  • If your friend has an attorney, he or she will review your affidavit to make sure it actually will support your friend's petition and will be beneficial to your friend's case.
  • In some cases, you may be called to testify before a USCIS officer regarding the information contained in your affidavit. [24] X Research source

Writing an Affidavit of Support

Step 1 Determine if you need to file an affidavit of support.

  • The affidavit is a legally enforceable document in which you promise to be financially responsible for the person immigrating to the U.S. This responsibility typically lasts until the person achieves full citizenship or has been working in the U.S. for ten years. [26] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
  • The affidavit is required if the person moving to the U.S. from another country has immediate relatives who already are U.S. citizens. It also may be available for employment-based immigration if the person files an immigrant visa application. [27] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
  • If you filed an immigrant visa petition on behalf of an immediate relative, you also must be his or her sponsor. You're eligible to be an immigrant's sponsor if you are 18 years of age or older, are a U.S. citizen or permanent resident, and actually live in the U.S. [28] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
  • Joint sponsors, unlike sponsors, do not have to be related to the immigrant. They still must be 18 or older and meet the same citizenship and residency requirements. [29] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source

Step 2 Obtain an I-864 form.

  • You may need to fill out other forms, such as the I-864P, to complete your affidavit. These forms also may be downloaded from the USCIS website. [31] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
  • Paper forms also may be available at the U.S. embassy or consulate office (if you are outside the U.S.) or at a USCIS field office.

Step 3 Complete your form.

  • The form requires information about you, your relationship to the applicant, your basis for filing the affidavit, information about the immigrant you are sponsoring, and information about your qualifications to be an immigrant sponsor.
  • If you need extra space to write your answer, you can use the "Additional Information" area provided with the form or attach separate sheets of paper. The separate paper should include your name and identify the item from the affidavit to which the answer refers.
  • You must meet certain income requirements to be a sponsor for an immigrant. Generally, you must have a household income that exceeds 125 percent of the U.S. poverty level for your household's size. You can determine if you meet those requirements by filling out Form I-864P. [33] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
  • If you do not meet the income requirements to become a sponsor, you may have other options such as including the cash value of your assets or including the income of other household members. Those people must be related to you either by birth, marriage, or adoption, and must fill out Form I-864A. [34] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source

Step 4 Assemble supporting documents.

  • In some cases, you can submit a photocopy of the requested documents, although some require originals. You should read the instructions carefully to determine which is required.
  • If you submit a photocopy, the USCIS may still request to see the original at any time while the immigrant's application is being processed. [35] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
  • You must provide proof that you are a U.S. citizen, U.S. national, or lawful permanent resident. Documents that prove citizenship status include a copy of your birth certificate, certificate of naturalization, or U.S. passport. [36] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
  • You also must provide an IRS transcript or copy of your tax return for the previous year as proof of income. [37] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source

Step 5 Sign your affidavit.

  • Keep in mind that you are signing your affidavit under oath. If you include information on the affidavit that is false, you may be liable for criminal prosecution in the U.S. [39] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
  • You also may be subject to fines if you don't report a change of address if you happen to move at any time between the submission of your affidavit and the final resolution of the immigrant's application. [40] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source

Step 6 Submit your form to the appropriate agency.

  • If you are a joint sponsor, you should give your affidavit directly to the applicant rather than sending it to a government agency. He or she will then send the form to the consular office for review.
  • Typically you must submit your form either after your relative has been scheduled for an immigrant visa interview, or when he or she applies for an adjustment of status with the USCIS from within the U.S. [42] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
  • You generally will give your completed form and documents to the person for whom you wrote the affidavit. However, if the form was mailed to you by the NVC with instructions to return it, you should follow those instructions. [43] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
  • You also may have to pay a filing fee, depending on whether your documents are being filed with the NVC or with USCIS. [44] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source For example, if filing your affidavit with the NVC from within the U.S., you must pay a $120 fee.
  • The USCIS or NVC will review your affidavit and make sure it's complete. You may be called for an interview with a USCIS officer to discuss the information included in your affidavit. [45] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source

Writing a Sworn Declaration

Step 1 Talk to the person immigrating to the U.S.

  • Certain personal documents such as a birth certificate must be provided when someone applies for immigration to the U.S. However, in some cases these documents may be unavailable or impossible to obtain. For example, the facility where birth certificates were stored may have burned down, or the immigrant may live in a war-torn area where government authority was non-existent when he or she was born and such documents were never created. [46] X Research source
  • If an applicant cannot obtain certain types of required documents, USCIS will accept sworn declarations as substitutes. The applicant also must include a sworn declaration regarding why the original document is unavailable. [47] X Research source
  • An immigration applicant may need a sworn declaration from you because you have first-hand knowledge of the facts that would be proven by the document. For example, you may be able to confirm the person's birthdate or place of birth. [48] X Research source
  • Additionally, if you are a government worker in the person's home country, you may be called upon to write a sworn declaration explaining why the original document required for the person's immigration application is not available. [49] X Research source

Step 2 Outline the facts.

  • The information you include will depend on the purpose of your declaration. Generally, you should not include facts for which you do not have first-hand knowledge. [50] X Research source For example, if you know the person for whom you're writing the declaration was born on July 4, 1984 because he told you so, this isn't sufficient knowledge to prove the accuracy of his birthdate. However, if you were present at his birth – maybe you were a nurse or the doctor who delivered him – that first-hand knowledge would support his claim regarding his date of birth.
  • Include as many details as possible. Specific details about the necessary facts that support the person's application are more important than any formal wording, legal terms, or fancy formatting. [51] X Research source

Step 3 Format your document.

  • If the person for whom you're writing the declaration has an attorney, there may be a particular format he or she prefers. Additionally, you may be able to find sample declarations online that you can use as guides. However, you should be careful about copying language from sample declarations that doesn't apply to your particular situation.
  • Regardless of the format you use, a sworn declaration isn't technically an affidavit since you won't be required to sign the document in the presence of a notary. However, your signature still verifies under penalty of perjury that the information in the declaration is true and correct to the best of your knowledge. [52] X Research source
  • In both formats, the text is single-spaced with a double-space between paragraphs. Use a basic, legible font such as the default font for your word-processing application.

Step 4 Title your declaration.

  • For example, your title might be "Declaration in Support of Application of ..." with the applicant's full legal name as it appears on his or her immigration application. [53] X Research source
  • If you're writing a business letter, the title becomes the subject line of your letter, but it should contain the same information.

Step 5 Identify yourself.

  • Include your phone number or other contact information in case the USCIS officer who reviews your declaration needs to contact you for further information or wants to schedule an interview to discuss your declaration. [54] X Research source
  • You should next identify how you know the information you're about to present on behalf of the applicant. What you write here will depend on your situation. For example, if you're writing to support the applicant's birth date because you were the doctor who delivered her, you would state that you were a doctor in the town where she was born. You might also include information about how long you had been a doctor or hospitals where you worked. Any information that supports your authority and knowledge is relevant. [55] X Research source [56] X Research source

Step 6 Present your facts in numbered paragraphs.

  • How long your declaration is will depend on the facts you're being asked to verify. A simple declaration confirming someone's birthdate may only be a paragraph or two. However, if you're asked to write a declaration in support of the fact that the applicant is no longer married because his wife died, you may have to write a substantially longer declaration to include all the details and relate how you have first-hand knowledge of those facts. [57] X Research source
  • Describing details of facts and circumstances increases the likelihood that your statement will be accepted as truth of the information the applicant claimed. Therefore, you should include as many details as you can remember, regardless of whether you believe they are relevant. [58] X Research source

Step 7 Close your declaration.

  • The standard wording is "I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge." [59] X Research source
  • Skip a few lines under this statement for your signature, then type your full legal name and leave another space to enter the date by hand when you sign your declaration. [60] X Research source

Step 8 Print and sign your declaration.

  • If the applicant is represented by an attorney, the attorney may wish to review your declaration and suggest changes that would make it more supportive of the immigration application.

Expert Q&A

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personal statement for immigration sample

Thanks for reading our article! If you'd like to learn more about affidavit letters for immigration, check out our in-depth interview with David Katona .

  • ↑ https://citizenpath.com/wp-content/uploads/2015/03/I-751-Affidavit-Sample.pdf
  • ↑ https://citizenpath.com/how-to-write-an-i-751-affidavit/
  • ↑ http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter4-16.html
  • ↑ http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support
  • ↑ https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf
  • ↑ http://www.immihelp.com/affidavit-of-support/submitting-affidavit-of-support-nvc-uscis-processing.html
  • ↑ http://www.alllaw.com/articles/nolo/us-immigration/substitute-documents-sworn-declarations-affidavits.html

About This Article

David Katona

To write an I-751 affidavit letter for immigration, start by titling your letter with the names of the couple, then, “What follows is an affidavit letter in support of them.” Once you’ve written the title, write your full legal name, address, birth date, and place of birth in the 1st paragraph. In the 2nd paragraph, explain your relationship to the couple, followed by a paragraph to explain how and when you met them. For example, if you attend the same church as the couple, write that see them at church services twice a week. After you’ve explained your relationship to the couple, write a few facts or anecdotes about them to show that they have a healthy marriage. Finish off by writing, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.” For more tips from our Legal co-author, including how to write an affidavit of support, read on! Did this summary help you? Yes No

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personal statement for immigration sample

July 27, 2022

5 Tips on Writing About the Immigrant Experience for Law School

5 Tips on Writing About the Immigrand Experience for Law School

Many applicants are recent immigrants or have parents who are immigrants and plan to write about this aspect of their life in a personal statement or diversity statement . Certainly, having this life experience makes you distinctive and can add to your appeal at any school . But, often these essays fall flat. 

First, you must decide if you are going to write your immigrant narrative in the personal statement or diversity statement or both. How do you decide? The personal statement is the opportunity to answer the questions, why law school and why now. If your immigrant story is part of the answer, then introduce the narrative here. If you hope to become a tax attorney, your immigrant story may be best told in your diversity statement. Each statement should stand alone. They should complement each other and not duplicate each other. For those applicants using both opportunities to tell aspects of your family history, don’t repeat. Tell unique stories and provide unique insight in each essay.

Here are 5 tips to help you improve:

  • Show. Don’t Tell . Just telling the reader that you and/or your family assimilated or learned English isn’t always enough. You need to show the admissions committee – paint a scene . Give a specific example. You need an arresting image to get their attention. Did you learn English watching cartoons? Immersed in an elementary school classroom? Are you still maintaining cultural aspects of your country of origin, and if so what are they and why? How do they impact your law school decisions or how will they impact the law school community?
  • Show grit. In your essays, focus on how you solved the problem rather than the problem itself. For example, if you moved to the U.S. and didn’t speak any English, what did you do? How did you learn the language? How did you make friends, form a new community? Are you still observing certain holidays or traditions from your native country? If so, what are they and why? How do they influence you today?
  • Avoid clich é s . “Fish out of water.” “Cultural differences.” “Breaking down barriers.” “Pulled up by their bootstraps.” These are phrases that are repeated often. That repetition has made them, well, cliched. You are trying to set yourself apart from the applicant pool; don’t employ overused phrases that cause you to blend in. You are better off explaining your situation with specificity than turning to hackneyed, overused, boring clichés.
  • Don’t make Mom the focus. Often, applicants write about people they admire – usually a parent or grandparent. It’s great to love your family, but don’t make them the focus of your essay. You need to show the admissions committee that you are a good fit , not your father, mother, or other relative. Set a scene, but make yourself the lead character.
  • Make a point. Going through an experience – good or bad – means nothing if you haven’t gained insight into yourself. Law schools want people who can think critically and examine the world around them. Your essay needs to show what you learned and how you can apply that skill to your studies and work. How have you grown from this experience? How does your experience help other people?

Remember that most basic failures of imagination in essay writing occur because applicants don’t want to spend time brainstorming, thinking, and writing . All that preparation is an important part of the process that will produce a quality finished product worthy of pride.

Work one-on-one with an Accepted advisor to devise an admissions strategy that will help you present a compelling story and produce an application that will stand out and get you accepted. Check out our  Law School Admissions Consulting Services  for more information. 

Christine Carr Admissions Expert

Related Resources:

  • 5 Summer Experiences That Could Enhance Your Law School Profile
  • The Paul & Daisy Soros Fellowships for New Americans Application Essay Tips
  • 7 Simple Steps to Writing an Excellent Diversity Essay

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  • Table of Contents
  • Preface & Acknowledgements
  • Acronyms & Abbreviations
  • 1. A Brief History
  • 2. Sources of Law
  • 3. Elements of Asylum Law
  • 4. Precedential LGBTQ/H Asylum Cases
  • 5. The One-Year Filing Deadline
  • 6. Withholding of Removal
  • 7. Relief Under CAT
  • 8. Voluntary Departure
  • 9. Real ID Act
  • 10. Safe Third Country
  • 11. Challenging Asylum Cases
  • 12. Working with Asylum Seekers
  • 13. Working with LGBTQ/H Asylum Seekers
  • 14. Elements of an Application
  • 15. Preparing the I-589
  • 16. Sample I-589
  • 17. Preparing the Asylum Declaration
  • 18. Declaration Dos and Don’ts

19. Annotated Sample Declaration

  • 20. Corroborating Client-Specific Documents
  • 21. Corroborating Country Conditions
  • 22. Indexed Country Conditions Sample
  • 23. Sample Cover Letter
  • 24. Assembling Everything
  • 25. Affirmative Application Process
  • 26. Immigration Court Proceedings
  • 27. Board of Immigration Appeals
  • 28. Federal Court Review
  • 29. Detained Asylum Seekers
  • 30. Obtaining an Employment Authorization Document
  • 31. Asylee Status
  • 32. Withholding Status
  • 33. CAT Status
  • Important Resources

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

SAMPLE DECLARATION

UNITED STATES DEPARTMENT OF HOMELAND SECURITY CITIZENSHIP AND IMMIGRATION SERVICES ASYLUM OFFICE LYNDHURST, NEW JERSEY IN THE MATTER OF: JOAO DOE

STATEMENT IN SUPPORT OF APPLICATION FOR POLITICAL ASYLUM

I, Joao Doe, declare under the penalty of perjury, pursuant to 18 U.S.C. sec. 1546, that the following is true and correct:

» Practice pointer: The declaration should begin with a brief introduction which lays out the basis of the asylum claim.

1. My name is Joao Doe. I was born on February 23, 1975 in Sao Bernardo do Campo, a suburb of Sao Paulo Brazil, and I am a thirty year old native and citizen of Brazil.

2. I am a gay man. In Brazil, there was and is such intense hatred and violence against actual or suspected homosexuals by the government, its police, death squads and society that I had to flee to the United States. As a gay man, I suffered public ridicule, beatings, and sexual abuse by police and prisoners. I struggled through my childhood and adolescence to hide my homosexuality, fearing rejection, violence and abuse from the police and others merely because I was different.

» Practice pointer: In general it is best to the use the term “gay man” or “lesbian” rather than “homosexual” as a self-definition. It is okay to use the terms interchangeably in the body of the declaration, but the noun “homosexual,” especially in the phrase, “I am a homosexual” sounds very clinical and has a slightly negative connotation.

3. Although I arrived in the United States on July 7, 2001, I was just diagnosed with HIV on July 18, 2005. In my country, people with HIV and AIDS are called AIDS carriers and mistreated by the government and society. There is much blame against gays for AIDS and therefore they perceive male persons with AIDS as homosexuals and mistreat them more. The fact that I am a gay man living with HIV makes me a greater target for future mistreatment in my country. While I have always been afraid to return to Brazil, now that I know that I am also HIV-positive, I am certain that returning to Brazil would be a death sentence. Because of this enormous change in my situation, I am now filing for asylum.

» Practice pointer: If the applicant has missed the one year filing deadline, this will certainly be an issue in the case. It is therefore important to address the issue head on.

» Practice pointer: Bold face point headings help make the declaration readable for the adjudicator.

» Practice pointer: Although childhood mistreatment will almost never, in and of itself, be sufficient to win an asylum claim, it is important for the adjudicator to have as full an understanding of what the applicant’s life was like in his country as possible.

4. I am the fourth of eight brothers and sisters. My father is a shoe repairman and my mother, a housewife. I was more effeminate than most young boys growing up. As a kid, my classmates ridiculed me at school and on the streets shouting “menina” (“girl”) or “viado” (“faggot.”) They’d sometimes shove me when we were at the playground.

» Practice pointer: When detailing specific bad names or incidents with name calling, it’s best to write out the exact word in the language in which it was spoken (or written) and include the English translation directly afterwards.

5. I remember one incident in particular. When I was maybe nine or ten years old, around 1985, I was walking home from a school and a group of boys were playing soccer. When I was walking by they stopped playing and whispered to each other and then asked me if I wanted to play with them. I was nervous because I wasn’t a very good player, but I was so happy to be asked to join in, that I put down my books and ran over to join them. As soon as I made it over to the players, one of them pushed me to the ground and said that soccer wasn’t a game for “viados” and that if wanted to join the game, I could be the ball. Then they all started kicking me, and I curled up to avoid getting hit on the head, and they were all laughing, “look he even looks like a ball.” At one point they were all laughing so hard, I had the chance to get up and run away.

6. I ran all the way home. I remember trying so hard not to cry in front of the boys when they were kicking me, but as soon as I got away, I couldn’t help crying and crying. In my rush to escape, I left my books behind. I was too ashamed to tell my family what had happened and I lied to my teacher about losing my books.

» Practice pointer: It is very important to include detailed accounts of specific incidents which the applicant recalls. It is in these details that the adjudicator can really understand what the applicant went through in the past and why the applicant fears returning. It is also easier for the adjudicator to judge the client’s credibility if there is a specific incident about which the adjudicator can elicit more details. Often applicants are reticent to discuss specific incidents and instead make broad statements like, “I was called names all the time.” Or “I was always getting beaten up.” It’s okay for the applicant to make broad statements like this, but it’s essential to also detail specific examples.

7. I was too young to understand why I was different but knew that I was not as masculine as my brothers and other boys my age. I had no friends as a boy since the other boys insulted me and didn’t want to be seen with me. I didn’t tell my family about these painful episodes because I didn’t want to alarm them and call more attention to the ways that I was different from other boys. My family avoided discussing my difference.

Adolescence

8. In 1989, when I was around thirteen or fourteen years old, I started to realize that I was physically attracted to other guys. I had always known that I was different from the other boys, and I’d always heard the name “faggot,” but it wasn’t until I was in my teens that I began to have real feelings for other guys and began to understand just what my “difference” meant.

» Practice pointer: Remember that in an asylum case based on sexual orientation, the first thing you need to prove to the adjudicator is that your client actually is gay. The best way to do this is by providing detailed information about his “coming out” process, including when he first began to realize that he was gay and when he had his first romantic relationship with another man.

9. In 1990, when I was fifteen, I began to work at a local grocery store during the day and attend school at night. Until then I had been ridiculed and ostracized because others saw that I was effeminate and therefore assumed that I was homosexual. But up to that point I had never acted on my feelings.

10. In 1991, when I was sixteen years old and still working at the grocery store, a man by the name of Jorge moved into town from a larger city and started working at the Post Office down the street from the store. In or around May, 1991, I was in the town park when Jorge approached me and persuaded me to have sexual relations with him in a dead end street. I say “persuaded” because he was much older and came from a big city and said that he was married. I felt uncomfortable having sex with someone I’d just met, but I was sixteen and had never had any sexual contact with anyone. I remember feeling really scared, but at the same time, feeling kind of relieved to finally confirm for myself that I was gay and that that’s why I’d always felt so different.

11. While I knew that this encounter in the park wasn’t going to become a lasting relationship, I never imagined what Jorge would do. After we had our encounter, Jorge told a classmate of mine, Paulo, that I had had sex with him.

12. Paulo began to blackmail me, threatening to tell everyone in school how I was in fact a “viado” (“faggot”) unless I brought him things from the store where I worked such as cigarettes, beer and food. I had no choice but to do what he told me because I was so afraid of how much worse my life would be if he told more of my classmates that I truly was homosexual.

» Practice pointer: Although purely private incidents with other students may not meet the definition of persecution (since there is no state involvement and no unsuccessful effort by the applicant to receive state protection) it is worth including these accounts because they help to paint a picture of the intolerance the applicant faces in his society.

13. Although Paulo never did tell my classmates, I spent the next two years in that school in constant fear. I was afraid of how much worse my life would be if everyone at school knew for sure that I was gay. I was also afraid that I’d get caught stealing from the store and have to explain to my boss and parents the reason I was taking things.

My Family Moves to Sao Paulo

14. In 1993, at age eighteen, my parents decided to move to Sao Paulo itself. I was relieved that we were moving because I could no longer take the ridicule and blackmail by my classmate and hoped that my life as a gay man would be better there. Once there, I did meet other gay men, and I thought that my life would be easier. However, I soon realized that in big cities the problems for gay people were even bigger as I now describe.

15. I had not yet graduated from high school and hoped that moving to a new city, I’d be able to make a new start. I still had one more year before I would graduate and thought that moving someplace new, I could leave my troubles behind me, but almost immediately, my new classmates suspected that I was gay and made my life miserable calling me not by my name but names like “bicha” (“faggot”). I was so miserable that I eventually stopped going to school.

16. I remember one occasion when I got into the classroom late, but still before the teacher came into the room. As soon as I entered the classroom, all of the other students burst into laughter. I took my seat, and tried not to look at them. Instead I looked at the board in the front of the room, where there was a drawing of a man with an erect penis having sex with a goat. An arrow pointed to the man with my name.

17. I remember opening a book and pretending to read so that I could try to ignore the other students. When the teacher came in, he started yelling at me, asking me if I’d drawn this picture, and the students all began laughing again. I was so humiliated, I just left the classroom without saying anything.

» Practice pointer: It is always best to include specific examples of mistreatment or problems which the applicant suffered. It is much more powerful for the reader to hear the details of a particular incident than for the applicant to make generalized statements like, “Other students always made fun of me.”

18. There were other times that I would remain in the classroom to avoid being publicly humiliated by the other students when I went outside. I actually filed complaints with the school director’s office. Instead of disciplining the other students, the director told me that if I would act more like a man, I would not have these problems with the other students.

» Practice pointer: It is important to state that the applicant filed complaints, if he did, because this helps show that what he suffered was not merely isolated incidents of adolescent cruelty, but rather that the institutions in his country did not protect him from this behavior.

19. Even though I only had half a year left to get my high school degree, in the winter of 1993, I dropped out of school. I remember that my mother was very disappointed because she always thought I’d go on to college and maybe become a lawyer or a doctor. Instead, I got a job working in a men’s clothing store called Armando’s.

20. I was relieved to be away from the abusive environment of the school at last, though I also felt depressed about my future. This was a hard time because I was still living with my family, but I couldn’t explain to them the real reason I left school. I just told them that there was no point to going to school and that I was old enough to earn my own money.

My First Relationship

» Practice pointer: To prove that the applicant actually is a member of the particular social group of “homosexuals,” it is important to include detailed information about relationships he had as proof of his sexual orientation.

21. After I’d been working at Armando’s for around six months, my life changed for the better. A young man came into the store looking to buy a suit, and I went over to ask him if he needed help. Immediately I felt a connection with him. I could sense him looking at me longer than he needed to and I felt nervous talking to him.

22. I helped him try on several suits. He told me his name was Ricardo and he asked me to meet him at a bar later. I remember feeling like I could barely breathe when I wrote down the address of the bar.

23. I met Ricardo later that night at a bar that was filled with men. It was the first time I’d been to a gay bar. I felt scared going in there because I knew these bars were sometimes raided by the police, but I also felt elated seeing all these gay men who were so comfortable being together.

24. As soon as I saw what kind of bar this was, I knew for sure that Ricardo was interested in me in the same way I was interested in him. Since I still lived with my family, we went to his apartment from the bar. This was an amazing night for me, to be with someone close to my age (Ricardo was 22), who seemed like he really liked me and was comfortable with being gay himself.

25. After that, Ricardo and I started to see each other regularly. This was an amazing period for me. After spending my whole life feeling like there was something wrong with me and like I’d never fit in, I finally found a person who was like me and who accepted me as I was. About nine months after I met Ricardo, in early 1995, I moved into his apartment with him.

26. I’m sure that while I was still living at home, my family had begun to understand the true nature of my relationship with Ricardo. We were together all the time. I started coming home very late, and sometimes not at all. And when we weren’t together we were talking on the phone. Although I could sense increasing tension with my family, everyone chose to ignore the situation and pretend that what they knew was happening wasn’t really happening.

27. Living with Ricardo was wonderful. We were finally free to be ourselves together without having to worry about when I’d get home or what my family might think. Knowing someone who had been “out” longer than I had was also very good for me. Ricardo introduced me to his other gay friends, and I soon had a whole circle of gay friends.

Problems with the Police

28. Even though my home life was improving, however, this didn’t mean that as a gay man I was free to live without fear in Brazil.

29. My friends and I never found peace on the streets since young heterosexual men would approach, insult and even attack us as “viados” (“faggots”) and AIDS carriers. Even then there were gangs of men who would drive by us in the plaza and throw rotten eggs, water balloons, sticks, and rocks at us shouting that we were faggots and AIDS carriers.

30. The police in Brazil, who are supposed to protect people, instead were often the most abusive towards gay people. We gay people could not defend ourselves against the police but only held our heads down and listened to them in silence. We always knew that if we made them angry, they had this special mistreatment called “telephone,” a technique where the police officer opened his two hands, lifted us his arms and brought them down hitting the person’s ears, causing intense pain and ringing in the ears.

31. I recall one night in 1996 that the police applied the telephone to my friend Claudio because they claimed that he was homosexual, out late at night and should be home and he spoke back to them.

32. Ricardo and I were at home at around 11:00 when Claudio knocked on our door, waking us up. His shirt was torn and he looked visibly shaken. I asked him what happened but he wouldn’t talk about it, he just asked if he could sleep on our couch. It wasn’t until the next morning that he told us what the police had done and about the “telephone” treatment he had received.

» Practice pointer: Since asylum claims are based on fear of future persecution as well as past persecution, it is helpful to include accounts of serious problems that other gay people the applicant knew experienced. As with the applicant’s own experiences, it’s important to include details rather than to generalize.

I Am Raped by a Policeman because I Am Gay

33. In the summer of 1996 I suffered a terrible experience which still haunts me. I was coming home at night from eating dinner out with some friends. After I’d walked a few blocks from the restaurant towards the bus stop, a man who seemed drunk approached me and told me to walk with him. I told him I did not have time and tried to walk away from him. He then grabbed me, called me “a faggot” and told me not to do anything funny because he had a gun. He forced me to walk with him all the way up a hill near a sawmill, located on the other side of the train tracks. He then pulled down his pants and forced me to perform oral sex on him at gunpoint. Afterwards, he made me take off my clothes and raped me. When he finished, he put his gun into my anus and told me to be still, otherwise he would pull the trigger. He warned me that if I told anyone, he’d kill me. He left me there at the sawmill alone, crying. I made my way home.

34. I pulled myself together before I got home, and I decided not to tell Ricardo about what had happened. To this day, I don’t really understand why I didn’t tell him. But that night I just felt dirty and used, and felt, somehow like I was at fault for this happening. I worried that Ricardo wouldn’t want to be with me any more if he knew.

35. I was angry about what happened, but I also feared reporting this experience to the authorities given his threat. After this happened, I was scared to leave my home because I was afraid I might see him again and he might abuse me sexually again. Even though I didn’t tell Ricardo what had happened, our relationship changed after this. About two months after the rape, the two of us broke up, though we remained friends. I moved out of Ricardo’s apartment and shared an apartment with another gay friend named Silvio. Silvio and I became good friends, but were never romantically involved.

» Practice pointer: It is always helpful to get affidavits or letters from the applicant’s former partner(s) confirming their relationship as another way of proving the applicant’s sexual orientation.

36. In June, I learned who the man that raped me was when I saw his photograph in the Diario Do Rio Doce newspaper. His name was Joaquim Cruz and he was an undercover member of the Policia Militar de Governador Valadares, PMGV, the military police. The newspaper reported on his death. He was killed in retaliation for having allegedly killed a young couple with a hammer. When I realized that he had been a military police officer, I was even more thankful that I did not report him to the authorities. Now that he was dead, I felt a little safer but that would not last for long.

» Practice pointer: It is always important to explain whether or not the applicant reported the mistreatment to the authorities. If the applicant did report the incident, what was the result? If the applicant did not report the incident, why not? Even when the applicant suffers harm directly from government agents (like police officers) adjudicators may want to know whether the applicant reported the incident to a higher authority within the government. The applicant should explain why he didn’t feel safe doing so, even if the reason (i.e. the police already abused him) seems obvious to him.

My Second Incident with the Police

» Practice pointer: Incidents of mistreatment directly at the hands of the government are the clearest examples of persecution. It is crucial to provide in-depth, detailed accounts of any problems the applicant experienced with the police, military or other government agencies.

37. On another occasion, in around March, 1997, at around 9:30 p.m., I was sitting in the Plaza Italia with my friends Silvio and Nelson, talking with other gay friends when all of a sudden four police cars pulled up with two police officers in each car. They said to one another, “There are the faggots” and pointed their guns at us. They ordered us to get in their cars because the Police Chief wanted to see us. We asked why but they refused to answer but said that we would soon know why. When we got to the police station, we continued to ask why we were under arrest, and the police officers continued to insult us as “viados” (“faggots”), and ordered us to shut up and behave since otherwise we would be beaten.

38. The commanding officer directed us into a room and ordered us to get undressed down to our underwear and get in a line to be processed for the cell. At the head of the line there were two police officers holding a “cacetete,” a weapon made of hard rubber with a wooden handle. They ordered us to walk by them to the cell. Each time we passed, they smacked us hard twice in the buttocks saying this was our stamp to get in the cell. Being hit by the “cacete” was very painful.

39. The commanding officer forced us into a ten foot by ten foot cell with a cement floor and six common criminals. The officer told the criminals “here come your girlfriends, rape them and do what you want with them.” He encouraged the criminals to sexually abuse us! The criminals clarified that they were in there for some time for different kinds of offenses from fights, to car thefts and drugs.

40. As soon as the officer left, the criminals attacked us, pairing up, making us perform oral sex and raping us. I cried to myself as I endured this rape by two criminals. I knew that we were outnumbered and the police condoned the criminals’ actions, so there was nothing I could do to escape.

41. At sunrise, when a guard came to the cell to check on us, we asked when we were to see the Police Chief. The guard told us that it might not be until tomorrow if he decides to take the day off. I became petrified that I was to be detained without charges indefinitely at the mercy of these criminals and their sexual abuse.

42. Thankfully a few hours later, an officer finally came to bring us from the cell to see the Police Chief. We were ordered up against the wall when the Chief came in. In front of the other officers, the Chief insulted us as “viados” (“faggots”) and asked us how we enjoyed the evening in the cell. He ordered us to walk across the room, still in our underwear, saying that we walked like faggots. He warned us that he did not want to hear anything about us or see us hanging out on the street, since the next time, we would not be released the following day but be kept in jail for our faggot ways. He then ordered us to get dressed and sent us out of the police station. “Look at the faggots walk,” the Chief and other officers laughed as we left. It was therefore now completely clear to me that the Chief and police had detained me and my friends and encouraged the criminals to sexually abuse us as punishment simply because we were gay.

43. I suffered bruises from the criminals’ rape all over, including in my rectum and I could not sit down for days from the pain. I did not seek medical attention for fear of being identified as a homosexual by the doctor and mistreated. I did not report the actions of the police since it was the police themselves who told the criminals to abuse us. I believed if I tried to make some sort of complaint, I would only be attacked again by the police. In Brazil, gay men frequently “disappear” and I feared for my life if the police thought I was a troublemaker.

» Practice pointer: If the applicant suffers an injury which requires medical treatment, it’s important to obtain the medical records. If the applicant did not seek medical treatment, it’s important to explain why not since the adjudicator may wonder why the applicant has not provided medical records otherwise.

My Third Incident with the Police

44. About one month after the arrest, on the Wednesday before Good Friday of 1997, at around 8:30 p.m., I was with my friend Silvio, and another friend, Jose, just walking down the street together, when we saw two police cars approaching. The sight of the police sent us running for our lives given the Chief’s previous threat against us if the police found us again. I could not escape too far but scrambled up a bushy tree from where I could not see much of what happened but could hear everything. I heard the police officers shout “stop!” I heard one of my friends, Jose, begging the officers to let him go because he had done nothing wrong. The police said that he looked like a faggot and that they would take him to the station. “Get in,” they shouted to him and drove off.

45. After they left, I got down from the tree thankful that I had not been discovered but panicked over what might happen to Jose. I later learned that they detained him overnight without charges. He wouldn’t speak with us about what happened to him in jail, so I suspect that he was also subjected to sexual abuse.

46. During this time, I had started to take classes at night so that I could get my high school graduation certificate. I had begun to realize that I wouldn’t have any future if I didn’t go back to school. In the fall of 1997, I began to take business classes part-time at the University of Sao Paulo while continuing to work at the clothes store.

My Fourth Incident with the Police

47. At the end of February, 1998, I went to Rio de Janeiro to spend Carnaval. On a Saturday night at around midnight, I was walking in a park with an acquaintance named David when two police officers suddenly appeared. The officers demanded to know what we were doing. We told them that we were only talking, which was the truth. The officers called us liars since no two men would go to a park just to talk. They demanded to know which of us was the “bicha” (“faggot”). We denied that we were faggots. They responded that if we did not confess, they would take both of us to jail where we would be kept until Ash Wednesday. I decided to confess since I feared the abuse we would face in jail. They ordered David to leave.

48. When I asked whether I could go now, they responded, “Not before you give us something in return.” The officers pointed their guns at me and ordered me to perform oral sex on both of them. I felt sickened to have to do this, but realized that they had guns and I was completely at their mercy. The abuse lasted around 30 minutes. Afterwards, they released me, telling me “Go, but don’t look back or you’re dead.” As I walked from the park, I shivered in fear that they would shoot me in the back even as I did not look back at them. Again, with the police themselves abusing me and threatening me, I was too afraid to try to report what happened. I didn’t want to go near a police station for fear I’d see the same officers again.

49. After this incident happened, I decided that I would try to avoid going to places where gay people gathered because I was terrified to have another encounter with the police. For the next couple of years I focused all of my energies on working during the day and going to school at night. This was a lonely time for me but I felt like my life was moving forward since I was doing well in school.

My Fifth Incident with the Police

50. It wasn’t possible for me to live my life completely without human contact, however, so one night in June, 2001, after an exam, I went out to a bar with Christian, a gay friend from the university. I was returning home late at night at around 1 a.m., when two police officers stopped me and asked where I was coming from. I told them the truth that I was coming from a bar called Los Ventos. Everyone knew that gay people met each other at this bar, so the police assumed I was gay and began to ridicule me. They told me that I was a faggot, looking to get “fucked,” and that they would take me into the station to let the prisoners have fun with me. I was terrified of being thrown in with the common criminals again and being sexually abused again, so I told them I had to get home to go to work the next morning and began to walk away. One officer took his cacetete in rage and smacked my left hand threatening me to “get out of their sight, faggot!”

51. I was so afraid, I started running. I remember that I could hardly see while I was running because I couldn’t stop myself from crying. I really believed that I was going to be shot in the back for running away from them, but at that point I decided that I’d rather be killed than be forced again to have sex with the police. Even now when I think about it I remember how I felt that night, scared, angry, humiliated, and completely powerless to protect my rights in a country where the police are free to attack us.

52. That night I decided that whatever it took, I had to get out of Brazil. Later that week, I applied for a tourist visa to come to the U.S. but it was denied.

Escape to the United States

53. After many years of not having an honest conversation with my family about my sexuality, I finally sat down and told my mother everything that I had experienced because I am gay. We talked late into the night, both crying and she agreed to help me get out of Brazil. She helped me pay for a plane ticket to Mexico, and on June 23, 2001, I flew to Mexico City. After that, I met up with some coyotes who were friends of my mother’s brother. On July 7, 2001, I entered the United States without inspection by Laredo, TX.

» Practice pointer: Although in this case the applicant missed the one year filing deadline so his exact date of entry is not essential, it is still helpful to bolster his overall credibility if he can submit evidence confirming his story of entering the United States Thus, he should submit a copy of the airline ticket or passport with the entry stamp into Mexico. It will also be crucial to include an affidavit or letter from the applicant’s mother confirming that she agreed to help him after concluding that his life was at risk in Brazil.

54. On July 18, 2005, at the Callen-Lorde Community Health Center, I tested HIV-positive. The news devastated me partly since I always practiced safer sex, except when the police and criminals in Brazil sexually abused me against my will. I panic just thinking about being deported to Brazil as a gay man living with HIV. It is my understanding that there is intense discrimination against people with HIV and AIDS in Brazil. Because of poor information about AIDS, people with HIV and AIDS are treated unfairly. Those who have the disease are ostracized and treated like lepers. I recall that many times while in Brazil since people think homosexuals are responsible for AIDS and are AIDS carriers, people who suspected that I was a homosexual insulted and threatened me as an AIDS carrier even when I was HIV-negative. Now that I am HIV-positive, I believe they will try to hurt me any way possible by not treating me in the hospital, refusing to give me employment, and not protecting me from police or gang violence.

55. I also fear for my life if deported because I am a gay man, considering the abuse I already experienced as a homosexual and considering the rise of the death squads that have been killing homosexuals with impunity. I have heard from my friends in Brazil of several people in my city who were murdered because of their sexual orientation and HIV status. I heard that in May 2003, Oswaldo Borges, an acquaintance of mine was found dead at age 27, with his body dismembered at a gas station in town. It is believed that he was murdered because he was HIV-positive.

56. To date, I still experience nightmares over what happened to me with the police, criminals and society. However, I wake up and am thankful for having found real safety in the United States.

57. I did not apply for political asylum until now in the United States since I did not know that the persecution I suffered in the past and fear in the future as a gay man could be the basis for political asylum here. It was not until I was diagnosed with HIV, two months ago, that I learned about asylum from a social worker at the Callen-Lorde Community Health Center. The social worker, Martin Peña referred me to Immigration Equality.

58. Although I have always been afraid to return to Brazil because of my sexual orientation, now, as a gay man who is also HIV-positive I’m more afraid than ever. I believe that if I’m deported to Brazil I will again face abuse and rape by the police, and that the mistreatment I face will be even worse now that I am also HIV-positive.

59. It is my hope that after so much abuse and mistreatment as a homosexual including physical and sexual abuse by the police and criminals and the prospect of even more abuse and mistreatment as a homosexual with HIV/AIDS if deported to Brazil, that the Asylum Office will consider granting me political asylum in their discretion. I thank you for your consideration of my application.

Signature Line Joao Doe Sworn to before me this 15th day of February 2006

Signature Line Notary Public

This Manual is intended to provide information to attorneys and accredited representatives. It is not intended as legal advice. Asylum seekers should speak with qualified attorneys before applying.

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.

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How to write an asylum statement.

Individuals in the US who are afraid of persecution in their home country may file for asylum in the US. Asylum is a type of protection the US government grants someone who has been persecuted or fears future persecution, in their home country.

Part of the asylum filing process is to write an asylum statemen t, and we will take a close look at how to write an asylum statement.

Individuals who demonstrate past or potential future persecution, due to their race, religion, nationality, membership in a particular social group, and/or due to their political opinion, are generally eligible for asylum . This is true as long as the persecution is carried out by the government and/or a group that the government cannot or will not control. 

Asylum Application Rules and Your Personal Statement

Although there are several ways to apply for asylum, including an affirmative asylum application process and a defensive asylum application process, the rules, requirements, and best practices are often the same.

For example, if you are filing for asylum, you should consider submitting a personal declaration as part of your asylum application. A personal declaration, or personal statement, explaining your story and why you are filing for asylum is generally helpful to your case. Although a personal statement is not strictly required, it is often better to have a well-written declaration submitted prior to your interview or court date .

What To Include In Your Personal Asylum Statment

In the personal statement, you have the ability to explain what happened to you in your home country clearly and without interruption.

A well-written personal statement also helps the Immigration Judge or U.S. Citizenship and Immigration Services (USCIS) officer by giving them the opportunity to read about your story and understand the grounds of your case ahead of time.

It is always a good idea to work with an experienced immigration attorney when applying for asylum, especially as immigration attorneys can help you with your personal statement to ensure that your statement is the best possible for your case.

Beginning To Write An Asylum Statement

Many asylum applicants are uncertain about how to write a personal statement and don’t know what type of information to include. While there are no exact official rules about how to write a personal statement, there are a number of things to keep in mind to help you write your story.

Personal Asylum Statment Introduction

First, the statement should begin with a general introduction of yourself and your dependents on your asylum case . This section may include the names and birthdates of all applicants/dependents as well as the location of births, and citizenship country or countries. You can also provide background information including your education status, especially if this information is important to your case or it helps readers understand your current status and situation.

The introduction section is specifically an introduction point to your statement, so it is best to include information that you feel will best help the judge or officer understand who you are. 

Write An Asylum Statment In Multiple Sections

There are multiple ways to write a personal statement. For example, you could write down all the things that happened to you in chronological order, this means that you would describe everything that occurred in the order that they happened to you.

Or you could write your statement in sections describing what you are afraid of and using the incidents that happened to you as examples of the persecution you are afraid of. You could also create a statement that combines different styles.

What To Include In Your Asylum Statment

There is no exact formula for describing your story. Instead, what is important to keep in mind is that you make sure to include the following items:

  • Explain the persecution you experienced and/or the persecution you fear will happen in your country, and explain why you are or will be persecuted.
  • Make sure to describe how the persecution is due to or connected to your race, religion, nationality, membership in a particular social group, and/or due to your political opinion.
  • Describe everything that happened to you in your country that made you leave the country.
  • Explain what you fear will happen to you if you returned and explain who/what group you are afraid of.
  • Include any incidents that depict your fears such as incidents of threats, warnings, attacks, violence, and/or any other harm, etc.
  • Include descriptions of incidents or targeting of other family members or even friends if they face similar risks or are similar to you in their situation.
  • Explain why you cannot relocate to any other part of your country to be safe and explain why the government or law enforcement cannot, will not, or did not help you.
  • “I declare under penalty of perjury under the laws of The United States that the foregoing is true and correct.”

Once you have completed the statement, make sure to sign and date the document. You may also want to consider going to an official notary and signing the document before them so they can notarize the statement. Again, this is NOT a requirement, but it does add a layer of verification to show that you did in fact sign the document. 

How Much Detail to Include On Your Asylum Statement

When you are writing your story, do not get held up by unimportant details. Make sure to include details that are helpful to your case, but it is not important to describe every color, shape, and smell of every incident. When there are too many details included, the reader can get overwhelmed.

Similarly, many applicants think that they must include every single date and time that something happened, but they often have trouble remembering these details. You do not have to be so exact. If you cannot independently recollect a date or time, then do not include it. You can make more general statements about the date. For instance, you might say that it happened in “early January.”

If you can’t remember the month, you could say “at the beginning of the year.” Sometimes it is even ok to say something happened a “few weeks or months later.” Just make sure that you do not guess on dates and write them into the statement because if you can’t remember the date you wrote during the interview, the officer or judge could think that you are not telling the truth.

Addressing Major Changes With Your Asylum Statement

In addition to these details, make sure to address any major changes in your country since you left, if it makes a difference to your story. If there have been major elections or if social or political conditions have changed, make sure to explain why you are still in danger despite these changes. Similarly, if there have been additional developments to your case since you came to the US, please make sure to include this in your statement as well.

For instance, if you have found out that people have been searching for you since you left, or if family or friends have been threatened because of you, or if more warnings have been issued to you or about you, make sure to provide this information.

Also, if you have continued to engage in activity that puts you at risk in your country, especially activities like posting on social media, or publishing information some other way, make sure to describe this and explain why it puts you even more at risk for persecution.

Keep in mind that any major developments should be at least mentioned in your personal statement. You will always have the opportunity to discuss details and specifics in your interview or before the judge, but you don’t want to leave out anything that will be important to discuss at that time.

FAQs To Write An Asylum Statement

How long should an asylum personal statement be, is there an exact template or best way to write a statement, how should i write my statement if my english is not good, conclusion on how to write an asylum statment.

Your personal statement is an important part of your asylum application. The asylum personal statement gives you the opportunity to tell your story and describe why you are seeking asylum. There are many different ways to write your asylum personal statement. If you have any questions about applying for asylum or writing your personal statement, consult a trained immigration attorney .

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How to provide evidence for your asylum case, what is race-based asylum, can i apply for asylum while on a j1 visa.

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  • 2 Examples of What to Include in Your Personal Statement
  • Bright Immigration
  • Posted on December 6, 2021
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Bringing your loved ones into Canada to gain PR (permanent residence) status can be daunting. That is because there are just so many requirements to fulfill, and missing one document can cost you your chances. One of the most important yet hardest to do for the application is to prove that your relationship is genuine. Fortunately, there is one thing you can do and present to confirm that your relationship is real, and that is with a personal statement.

How do you make a compelling personal statement? Generally, you would want to fill it with as much relevant information as possible. We say relevant because what is in your personal statement will depend entirely on your situation. Here are a few examples of that.

The encounter

How you met your partner will dictate what you will include in your personal statement. For example, if you met each other online, then you will need to provide specific information and proof to support that. This will include the platform on which you communicated as well as the frequency at which you were in contact. Other things you can include to establish that you are indeed together is to write clearly just why you two decided to get together in the first place.

You probably have already met the other person in real life and have spent considerable time together. As such, you should include evidence to support this, most notably the day you first met face-to-face. Do this by recounting the date as well as the location where you met. Include photos, if any, to provide further proof.

The marriage

With so many ways one can get married to their partner, you must be clear about how exactly the two of you got married and the reason behind the decision. For instance, if you went through an arranged marriage, you would need to state why it happened and why your parents think you and your spouse were a good match. Note that some reasons are unacceptable for immigration applications. A great example of this is to have gotten married for the sole purpose of getting into a particular country such as Canada.

That said, you should include as many details of the wedding day as possible. Write down the names of those responsible for making the ceremony happen, detailing each individual’s role. You can also include the date, location, and photos of the event.

The above are just examples of what you should include in your personal statement. Remember, your personal statement will be different from anyone else’s, so there might be other requirements that you will need to submit.

Nevertheless, the key takeaway is that you should include as much information as possible regarding your relationship with your partner in your personal statement. From the first day you met your love to the day you married them, include as much accurate information as possible. By doing so, you give yourself a much higher chance of proving your relationship to be authentic and finally bring your partner, or yourself, into Canada.

If you’re looking for professional help from a  Canadian immigration firm , please contact us at [email protected] or call 1-888-404-8472.

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Immigration Personal Statements Samples For Students

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Regardless of how high you rate your writing abilities, it's always an appropriate idea to check out an expertly written Personal Statement example, especially when you're dealing with a sophisticated Immigration topic. This is exactly the case when WowEssays.com directory of sample Personal Statements on Immigration will come in useful. Whether you need to brainstorm an original and meaningful Immigration Personal Statement topic or examine the paper's structure or formatting peculiarities, our samples will provide you with the required material.

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Home » Blog » Form I-130 Affidavit Sample for Spouses

Form I-130 Affidavit Sample for Spouses

January 4, 2022 Apply for Green Card

Newly married couple with example i130 affidavit for spouse

When filing Form I-130, Petition for Alien Relative, on behalf of a spouse, it’s necessary to submit evidence that you have a genuine, bona fide marriage. This can be challenging for a couple that hasn’t had time to join financial accounts or have children. This I-130 affidavit sample can help couples gather additional evidence from friends and family to support the petition.

I-130 Spousal Petition

U.S. citizens or lawful permanent residents that want to petition a spouse for a green card have an additional burden (compared to other family-based immigration cases). They must prove that they have a “real” marriage. A sham marriage is when at least one of the parties of a marriage entered into the marriage for the purpose of circumventing immigration laws to falsely obtain a green card (or other immigration benefits). These “fake” marriages can result in harsh penalties, including steep fines and jail time. Therefore, U.S. Citizenship and Immigration Services (USCIS) takes additional steps to ensure these spousal relationships are genuine, bona fide marriages. The burden of proof is on the couple to establish the bona fides of the marriage.

Affidavit of Support for I-130

Are you looking for an affidavit of support? The affidavit of support is a different document. The I-130 petition beneficiary generally needs to submit a Form I-864, Affidavit of Support, along with his or her green card application. This affidavit of support is submitted along with an adjustment of status application or during the consular application process. Learn more >>

Proof of a Bona Fide Marriage

Your evidence for proving a bona fide marriage with the I-130 petition should ideally include documents demonstrating that you’ve combined your lives, especially financially. It’s not as simple as producing a marriage certificate. USCIS instructions for Form I-130 require that you to submit one or more of the following types of documentation to prove a bona fide marriage:

  • Documentation showing joint ownership of property;
  • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
  • Documentation showing that you and your spouse have combined your financial resources; or
  • Birth certificates of children born to you and your spouse together.

But what if you’ve just recently married? Or you haven’t lived together in the same country yet? It can be very difficult to provide documentation as described above.

RECOMMENDED: Best Evidence of Bona Fide Marriage to Support a Spousal I-130 Petition

Purpose of the I-130 Affidavit

For many new couples, they haven’t had time to combine bank accounts or have children. What’s more, many couples are separated by distance. They can’t live together until the spouse is able to immigrate to the United States. So they don’t even have a shared residence. In these instances, it’s beneficial to have a secondary form of evidence known as an affidavit. The I-130 affidavit is simply a legal statement from a third party that describes your relationship.

The I-130 affidavit is an opportunity for a third party to provide testimony about the bona fides of the marriage. It’s a way for people that have first-hand knowledge of your relationship to share their stories.

Who May Write I-130 Affidavit

affidavit when lacking i-130 evidence of bona fide marriage

Any third party who is familiar with your marriage may write the I-130 affidavit. The person who writes an I-130 affidavit is an affiant. Typical affiants include friends, family members, or religious leaders.

There is no requirement that the writer must be a U.S. citizen or even live in the United States. But remember, he or she should be a close confidant that is familiar with the couple’s life together. So the writer should very familiar with the couple.

How to Write an I-130 Affidavit

The I-130 affidavit is the writer’s opportunity to testify to his/her personal experience with the couple and share observations that led to the conclusion that the couple have a real marriage.

USCIS is looking for a factual testimony that explains the details of what was observed of the relationship. They want to know how the witness knows the couple, and what the witness has seen that provides weight to the claim of a bona fide marriage.

The affiant swears to the affidavit’s truth. When submitting affidavits to USCIS, we recommend that you type the letter. Every I-130 affidavit should cover these basic points:

  • Full name and address of affiant
  • Date and place of birth
  • Relationship to I-130 petitioner and spouse
  • How you met the couple
  • Time frame you have known the couple
  • Give a sense of the frequency (i.e. frequently socialize)
  • Details explaining how the person acquired this knowledge (i.e. friends)
  • Date and signature

Remember, the I-130 affidavit is supporting evidence to prove that the couple has a bona fide marriage. So the affiant should ideally provide a short account of why he or she believes this is true. The affiant can use a story that demonstrates the couple’s mutual commitment, the hard work that the couple have put into the immigration process, or how the couple interacts with each other.

The I-130 affidavit does not need to be notarized, but it should include a sworn statement. For example, you can include, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.”

I-130 Affidavit Sample

PDF of i-130 affidavit sample

CitizenPath has prepared an I-130 affidavit sample that you may forward to friends or family that are willing to write a letter of support. The downloadable PDF file includes a list of the basic points that the writer should cover in the letter and the I-130 affidavit sample.

Use the sample I-130 affidavit as an example. Remember that each letter is unique and should contain elements that are personal to your story. The affiant should be honest and use anecdotes to demonstrate why he or she came to the conclusion that the couple has a bona fide marriage.

Although it is not necessary in most cases, the affiant should understand that he/she may be required to testify before an immigration officer as to the information contained in the affidavit. Download the I-130 affidavit sample >>

After Immigrating

If your marriage is less than two years old, the foreign spouse will most likely receive a conditional green card. After a two-year period as a conditional resident, the couple will be required to file Form I-751 to remove the conditions on residence. After the I-751 petition is approved, the immigrant spouse will receive a 10-year green card.

When filing Form I-751, USCIS again requires the couple to prove a bona fide marriage. It will become even more important to demonstrate combined bank accounts, insurance, tax returns and other documents. Start planning now.

RECOMMENDED: 33 Great Documents for Proving a Bona Fide Marriage on an I-751 Petition

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Petition for Alien Relative (Form I-130) , Petition to Remove Conditions of Residence (Form I-751) , Citizenship Application (Form N-400) , and several other common USCIS forms .

Note to Reader: This post was originally published on July 11, 2017, and has been modified with improvements.

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Cover letter for an immigration officer (5 samples)

personal statement for immigration sample

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This blog post will show samples of “cover letters for an immigration officer.”

Samples of immigration officer cover letters

To get an immigration officer position, you need a well-written cover letter that showcases your passion for and dedication to the industry. When writing an immigration officer cover letter, these are some of the essential things to include in your letter:

  • Address the employer with a formal salutation. For example, “Dear/Hello (name of the recipient or hiring manager).”
  • The next step is to state the position you are applying for and how you found the opening. 
  • Write a short sentence about why you’re interested in the position.
  • State your skills and work experience; ensure they are similar to the job position. When stating your skills, provide the accomplishment you have achieved. 
  • Conclude your letter with a forward-looking statement. For example, “I look forward to discussing the position further.”

“Dear hiring manager,

I am excited to be applying for the Immigration Officer position at the United States Citizenship and Immigration Services (USCIS). I have more than 10 years of experience in law enforcement and immigration, and I firmly believe in the American dream of opportunity and freedom. I am motivated to join USCIS and help others achieve their dreams through the legal immigration process.

I have a proven track record of success in my previous roles as an Immigration Officer. I have successfully adjudicated hundreds of applications for various types of visas, including family-based petitions, work visas, and asylum cases. I have also been responsible for managing a caseload of more than 100 active cases at any given time.

In addition to my experience and skills, I bring a strong commitment to public service. I am passionate about helping others, and I firmly believe in the importance of the work that USCIS does. I am committed to upholding the highest standards of professionalism and integrity in everything that I do.

Thank you for your time and consideration. I look forward to learning more about the Immigration Officer position at USCIS and to discussing how my skills and experience would be a valuable addition to your team.”

“Dear Mr.Brown,

I am writing to apply for the Immigration Officer position that was recently advertised on your website. I am confident that I have the skills and experience that you are looking for, and I am eager to put my abilities to work for your organization.

I have been working in the immigration field for the past three years and have gained a wealth of experience in the process. I have experience handling a wide range of cases, from simple visa applications to more complex deportation proceedings. I am also well-versed in the relevant laws and regulations governing the immigration process.

My organizational skills are one of my greatest strengths. I am able to manage multiple cases simultaneously and always ensure that all deadlines are met. I am also able to effectively communicate with clients, attorneys, and other government officials, always ensuring that all parties are kept up to date on the latest developments.

I am confident that I have the skills and experience to be a valuable asset to your organization. I look forward to the opportunity to discuss this further with you in an interview. Thank you for your time and consideration.

“Keyla Gallegos

City, State, Zip Code

Home: 000-000-0000

[email protected]

U.S. Citizenship and Immigration Services Agency

2534 Airport Road

Johnson City, NY 91010

000-000-0000

RE: Head Immigration Officer, Ref# 1110473, 08/5/2014

Dear Selection Committee,

As an immigration professional with a proven leadership background in security and protection positions, it is with great pleasure that I submit my resume for consideration to advance to the position of Head Immigration Officer. In addition to my formal education and training, my history of hands-on experiences make me an excellent match for the unique demands of this opportunity.

After nearly 15 years of experience as a Immigration Officer with the Agency, I posses superior talents for operational support, investigative procedures, and gathering intelligence. My refined ability to to open communication and build relationships with community organizations has continually reinforced my success in risk management. I also have excellent collaboration skills and always work effectively across different teams; I am known for being an adept consensus builder.

My resume provides further detail on my talent for team collaboration and passion for problem solving; it is my goal to apply these skills as a Immigration Officer. I look forward to setting up a meeting to discuss in greater detail how I can benefit your organization.

In the interim, thank you for reviewing this letter and the attached material.

Keyla Gallegos”

“Dear Ms. Unruh,

An associate informed me of the Immigration Officer position available with The GEO Group, Inc. and I would like to take this opportunity to apply for this job.

I have a bachelor’s degree in criminal justice and I speak Spanish and English fluently. I am also familiar with two other languages. I meet all of the requirements and I have completed a Federal Career Intern Program where I gained experience working out in the field next to trained professionals, who helped prepare me for this position. This experience includes reviewing the immigration applications and interviewing potential immigrants before allowing them in the country.

I also gained experience researching the background of immigrants to determine their eligibility to make sure they do not pose any safety risk for the country. My research abilities also help to locate illegal immigrants that have already entered the country so they can be deported.

I have the communication skills and the interpersonal skills to communicate with all agencies from the local to the international level. I have critical thinking skills with the ability to solve problems as they arise. I am also very perceptive and I have the ability to make good decisions in a moment’s notice if necessary.

I have taken self-defense classes and weapons training classes that have helped to prepare me for this position. I am physically and mentally fit to hold this job and I am ready to put my skills and training to work for the country.

You can contact me for an interview by calling (555)-555-5555 and I hope to discuss the details of this position with you soon.

Respectfully,

I am writing to express my interest in the Immigration Officer position that is currently available at your company. I believe that my extensive experience as an immigration officer, coupled with my education and training, makes me a strong candidate for this position.

I have been working as an immigration officer since 2005. My first job was at the U.S. Embassy in Mexico City, where I worked for three years. In 2008, I moved to the U.S. Embassy in Bogota, Colombia, where I worked for another three years. In 2011, I was promoted to Senior Immigration Officer and transferred to the U.S. Embassy in Buenos Aires, Argentina. I have been working there ever since.

Throughout my career as an immigration officer, I have gained extensive experience in all aspects of immigration law and policy. I have also developed excellent communication skills and a strong understanding of how to interact with people from different cultures and backgrounds. These skills are essential for someone who works as an immigration officer.

I would like to thank you for considering me for this position and hope that we can arrange a meeting so that we can discuss my qualifications in greater detail.”

Frequently Asked Questions:

What is the role of an immigration officer.

An immigration officer interviews people who want to enter or stay in the country, and also investigates businesses and individuals who violate immigration laws.

How do I write a cover letter for a visa officer?

A cover letter for a business visa must include the following:

  • Travel dates.
  • The purpose of the business trip.
  • The duration of the trip.
  • The company name, as well as your position in the company.
  • The visa type you are applying for.

If you like this blog post, please leave your comments and questions below.

Immigration Officer Cover Letter Examples & Writing Tips

https://www.livecareer.com/cover-letter/examples/law-enforcement/immigration-officer

https://www.immisearch.ca/post/immigration-cover-letter-template

https://www.greatsampleresume.com/cover-letter/examples/law/immigration-officer

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    A good personal statement will use examples such as these instead of using general statements such as "I am a good team player". 5 Refugees Into Teaching 2013 ... sample statements on websites and other publications. If you must include a . Refugees Into Teaching 2013 .

  15. Writing your personal statement: Carers, estranged students ...

    The information in this guide has been created to help you highlight all your unique skills that'll help your personal statement stand out, no matter what your background or personal circumstances. The examples we've given are just to get you started - we're sure you'll come up with many more.

  16. 2 Examples of What to Include in Your Personal Statement

    A great example of this is to have gotten married for the sole purpose of getting into a particular country such as Canada. That said, you should include as many details of the wedding day as possible. Write down the names of those responsible for making the ceremony happen, detailing each individual's role.

  17. Proving "Extreme Hardship" to a U.S. Relative for Immigration ...

    Some of the more common arguments for extreme hardship in a situation when a U.S. relative accompanies the immigrant to the home country include, but are not limited to: The home country is enmeshed in or on the verge of war and/or political upheaval. The U.S. relative has a serious medical condition that cannot be adequately treated in the ...

  18. PDF this was an opportunity to do what I had always yearned ...

    Personal Statements . Sample #1. this was an opportunity to do what I had always yearned to do: defend my country and its values from those who looked to do it harm. Evidence of Russia's malign influence campaign against the United States can be seen across the globe, but nowhere more audaciously than its

  19. Immigration Personal Statements Samples For Students

    Find out how to write a personal statement for immigration with two sample essays on different topics. Learn from expert tips and get professional writing assistance from WowEssays.com.

  20. I-130 Affidavit Sample for Spouses of USCs and LPRs

    This I-130 affidavit sample can help couples gather additional evidence from friends and family to support the petition. I-130 Spousal Petition. U.S. citizens or lawful permanent residents that want to petition a spouse for a green card have an additional burden (compared to other family-based immigration cases).

  21. Cover letter for an immigration officer (5 samples)

    When writing an immigration officer cover letter, these are some of the essential things to include in your letter: Address the employer with a formal salutation. For example, "Dear/Hello (name of the recipient or hiring manager).". The next step is to state the position you are applying for and how you found the opening.

  22. How to Write a Civil Service Personal Statement for Jobs

    How to write a personal statement for a civil service job. Follow these steps to write a personal statement to get a job in this sector: 1. Introduce yourself. Briefly introduce yourself to the employer with a summary of your interests or skills that are relevant to the job. It's also useful to state your interest in the job, and you can share ...

  23. Get Personal Statement For Immigration Sample

    Complete Personal Statement For Immigration Sample within a few clicks following the guidelines listed below: Select the template you need in the library of legal form samples. Select the Get form button to open the document and begin editing. Complete all the necessary fields (they will be yellow-colored). The Signature Wizard will allow you ...