Personal Declaration for Asylum Application

PERSONAL DECLARATION FOR ASYLUM APPLICATION

PURPOSE

This template provides a framework for preparing a personal declaration (affidavit or statement) to support an asylum application filed on Form I-589. The declaration is the applicant's opportunity to tell their story in their own words and is one of the most critical documents in an asylum case.

IMPORTANT LEGAL STANDARDS

Definition of Refugee (INA § 101(a)(42))

A refugee is a person who is unable or unwilling to return to their country of origin because of:

• Past persecution, OR
• Well-founded fear of future persecution

On account of ONE of the five protected grounds:

1. Race
2. Religion
3. Nationality
4. Membership in a particular social group
5. Political opinion

Burden of Proof

The applicant must establish:

• Credible testimony (specific, consistent, and plausible)
• Corroborating evidence (where reasonably available)
• A nexus between the persecution and a protected ground

One-Year Filing Deadline

Applications must generally be filed within one year of arrival. Exceptions:

• Changed circumstances materially affecting eligibility
• Extraordinary circumstances relating to delay
• Filed within reasonable period given circumstances

DECLARATION FORMAT

DECLARATION OF [FULL LEGAL NAME]

I, [FULL LEGAL NAME], declare under penalty of perjury under the laws of the United States of America that the following is true and correct:

I. INTRODUCTION AND PERSONAL INFORMATION

1. My name is [FULL LEGAL NAME]. I am also known as [OTHER NAMES, if any]. I was born on [DATE OF BIRTH] in [CITY, REGION/STATE, COUNTRY].

2. I am a citizen/national of [COUNTRY]. [If stateless, explain circumstances.]

3. My native language is [LANGUAGE]. [State if declaration was prepared with assistance of interpreter and in what language the interview was conducted.]

4. I am [AGE] years old. I am [married/single/divorced/widowed]. [If married, provide spouse's name and whether they are included in this application.]

5. I have [NUMBER] children. [List names, ages, and whether they are included in this application.]

6. I arrived in the United States on [DATE] at [PORT OF ENTRY] by [means of travel - air, land, sea].

7. I am applying for asylum because I fear returning to [COUNTRY] due to [brief statement of the protected ground - e.g., "my political activities against the ruling party" or "my membership in [particular social group]"].

8. I am submitting this declaration in support of my Form I-589, Application for Asylum and Withholding of Removal.

II. BACKGROUND INFORMATION

A. Family Background

9. I was born into [describe family - ethnicity, religion, socioeconomic status]. My father, [NAME], was/is [occupation]. My mother, [NAME], was/is [occupation].

10. I have [NUMBER] siblings: [List names and brief relevant information].

11. [Describe relevant family history that provides context for the claim - family's political involvement, religious practice, ethnic identity, etc.]

12. [Describe family members who have experienced persecution, if relevant to the claim.]

B. Education and Employment

13. I attended [schools/universities] in [COUNTRY] from [DATES]. I obtained [degree/level of education].

14. My employment history includes: [List relevant employment, especially if related to the asylum claim - e.g., journalist, human rights worker, political party member, religious leader, etc.]

15. [Describe any professional activities relevant to the persecution claim.]

C. Religious/Political/Social Group Background

16. [Describe involvement with the protected ground - political party membership, religious practice, ethnic group activities, particular social group characteristics, etc.]

17. [Explain how this involvement/identity became known or would become known to persecutors.]

III. DESCRIPTION OF PERSECUTION

A. Past Persecution

[THIS IS THE MOST CRITICAL SECTION - BE SPECIFIC AND DETAILED]

First Incident of Persecution

18. On or about [DATE], [describe what happened in detail]:
    - What happened: [Describe the specific act of persecution]
    - Where it happened: [Specific location]
    - Who did it: [Identify perpetrators - government agents, police, military, private actors, etc.]
    - Why it happened: [Explain the nexus to protected ground]
    - How long it lasted: [Duration]
    - Physical harm suffered: [Describe injuries]
    - Psychological harm suffered: [Describe trauma, fear]
    - Witnesses: [Who else was present or aware]
    - What was said: [Quote specific threats or statements if possible]

19. [Describe your emotional and physical state after this incident.]

20. [Describe any medical treatment sought or received.]

21. [Describe whether incident was reported to authorities and what happened.]

Second Incident of Persecution

22. On or about [DATE], [describe the second incident following the same detailed format as above]:
    - What happened:
    - Where:
    - Who:
    - Why (nexus):
    - Physical harm:
    - Psychological harm:
    - Witnesses:
    - Statements made:

Third Incident (Continue as Needed)

23. [Continue describing each significant incident chronologically]

Pattern of Persecution

24. [If applicable, describe ongoing harassment, surveillance, or pattern of escalating persecution]

25. [Describe cumulative effect of multiple incidents]

B. Harm to Family Members or Associates

26. [Describe persecution of family members that is relevant to your claim:]
    - [Name] was [describe harm] on [DATE] because of [reason/nexus]
    - [Additional family members as applicable]

27. [Describe persecution of friends, colleagues, or others similarly situated:]
    - [Describe what happened to others in your political party, religious group, etc.]

C. Attempts to Seek Protection

28. I [did/did not] report the persecution to the police or other authorities. [If yes, describe what happened. If no, explain why not - fear, futility, government involvement, etc.]

29. I [did/did not] attempt to relocate within [COUNTRY]. [If yes, describe attempts and why they failed. If no, explain why relocation was not possible - nationwide persecution, small country, persecutors' reach, etc.]

IV. FLIGHT FROM HOME COUNTRY

30. I decided to leave [COUNTRY] on or about [DATE] because [explain the final triggering event or circumstances that caused departure].

31. I departed [COUNTRY] on [DATE] from [CITY/LOCATION] by [means of transport].

32. [Describe the journey to the United States, including any countries transited and reasons for not seeking protection there.]

33. I arrived in the United States on [DATE] at [LOCATION/PORT OF ENTRY].

34. [If more than one year since arrival, explain the delay in filing and any changed or extraordinary circumstances.]

V. FEAR OF FUTURE PERSECUTION

35. I fear returning to [COUNTRY] because [explain specific, individualized fear]:
    - [Reason 1 - e.g., "the same people who persecuted me before are still in power"]
    - [Reason 2 - e.g., "conditions for [my group] have worsened"]
    - [Reason 3 - e.g., "I will be identified and targeted upon return"]

36. The individuals/groups who persecuted me [are still in power / have not been punished / continue to target people like me].

37. [Describe current country conditions that support fear of return - reference country conditions evidence.]

38. I am unable or unwilling to seek protection from the government of [COUNTRY] because [explain - government is the persecutor, unable to control persecutors, complicit with persecutors, etc.].

39. I cannot safely relocate within [COUNTRY] because [explain - persecutors have nationwide reach, small country, would be identified anywhere, etc.].

VI. NEXUS TO PROTECTED GROUND

40. I was persecuted and fear future persecution because of my [PROTECTED GROUND]:

[Select and complete applicable section(s):]

Political Opinion

• I hold the political opinion that [describe political beliefs]
• I expressed this opinion by [describe activities - protests, party membership, writings, etc.]
• The persecutors targeted me because of this political opinion, as shown by [evidence of nexus - what they said, pattern of targeting political opponents, etc.]

Religion

• I practice [RELIGION] / belong to [RELIGIOUS GROUP]
• I manifested my religion by [describe practices, activities, visible markers]
• The persecutors targeted me because of my religion, as shown by [evidence of nexus]

Race/Ethnicity/Nationality

• I am [ETHNICITY/NATIONALITY/RACE]
• This identity is known/visible because [explain]
• The persecutors targeted me because of this identity, as shown by [evidence of nexus]

Particular Social Group

• I am a member of the particular social group consisting of [describe the group - must be: (1) immutable or fundamental characteristic, (2) socially distinct, and (3) particular/defined with particularity]
• This group is recognized in [COUNTRY] as distinct because [explain social distinction]
• The persecutors targeted members of this group, as shown by [evidence]

Imputed Characteristic

• The persecutors believed I held [political opinion / was member of group / etc.] even though [explain if characteristic was imputed rather than actual]

VII. CORROBORATING EVIDENCE

41. I am submitting the following evidence to support my declaration:

☐ Identity Documents:

• [Passport, national ID, birth certificate, etc.]

☐ Evidence of Persecution:

• [Police reports, medical records, photographs of injuries, threatening letters, etc.]

☐ Evidence of Protected Ground:

• [Party membership cards, religious documents, evidence of social group membership]

☐ Country Conditions Evidence:

• [State Department reports, human rights reports, news articles]

☐ Supporting Declarations:

• [Declarations from witnesses, family members, experts]

☐ Photographs:

• [Photos of injuries, events, demonstrations, etc.]

42. [If evidence is unavailable, explain why and describe efforts to obtain it.]

VIII. CONCLUSION

43. Everything I have stated in this declaration is true and correct to the best of my knowledge.

44. I am afraid to return to [COUNTRY] because [summarize fear].

45. I respectfully request that the United States grant me asylum.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on [DATE] at [CITY, STATE].

_________________________________
[SIGNATURE]

_________________________________
[PRINTED NAME]

INTERPRETER CERTIFICATION (If Applicable)

I, [INTERPRETER NAME], certify that I am fluent in English and [LANGUAGE]. I interpreted the contents of this declaration to [APPLICANT NAME] in [LANGUAGE]. [APPLICANT NAME] indicated that they understood the contents and confirmed that it is true and accurate.

_________________________________
[INTERPRETER SIGNATURE]
[INTERPRETER PRINTED NAME]
[DATE]

DECLARATION PREPARATION CHECKLIST

Content Requirements

☐ All five W's for each incident (Who, What, When, Where, Why)
☐ Specific dates (or approximate dates if exact dates unknown)
☐ Specific locations
☐ Identification of persecutors (government, military, specific groups)
☐ Description of physical harm
☐ Description of psychological harm
☐ Nexus to protected ground explicitly stated
☐ Explanation of inability to relocate internally
☐ Explanation of government's inability/unwillingness to protect
☐ Fear of future persecution explained

Credibility Factors

☐ Consistent with Form I-589 responses
☐ Consistent with prior statements
☐ Specific and detailed
☐ Plausible and coherent
☐ Corroborated where possible
☐ Unexplained inconsistencies addressed

Document Checklist

☐ Declaration is signed and dated
☐ Declaration is under penalty of perjury
☐ Interpreter certification included (if applicable)
☐ Page numbers on all pages
☐ Paragraphs numbered for easy reference
☐ Translated into English (if written in another language)

COMMON ISSUES TO AVOID

Credibility Problems

• Vague or general statements without specific details
• Inconsistencies with Form I-589 or prior statements
• Implausible claims without explanation
• Failure to mention significant events
• Embellishment or exaggeration

Legal Deficiencies

• Failure to establish nexus to protected ground
• Failure to explain why government cannot protect
• Failure to explain why internal relocation not possible
• Missing explanation for one-year filing deadline (if applicable)

Procedural Issues

• Unsigned declaration
• Missing penalty of perjury statement
• No interpreter certification when needed
• Inconsistent with supporting evidence

DECLARATION TIPS

1. Be Specific: Use specific dates, names, places, and details. Vague statements undermine credibility.

2. Be Consistent: Ensure the declaration matches Form I-589 and any prior statements.

3. Establish Nexus: Clearly connect the persecution to a protected ground - this is often the most important element.

4. Explain Gaps: Address any gaps in the story or apparent inconsistencies.

5. Show, Don't Just Tell: Describe events in detail rather than making conclusory statements.

6. Include Feelings: Describe emotional reactions - fear, trauma, helplessness - in your own words.

7. Chronological Order: Generally present events in chronological order for clarity.

8. Address Corroboration: Explain why certain evidence is or is not available.

9. Cultural Context: Provide cultural context where relevant to help the adjudicator understand.

10. Length: There is no required length - be as detailed as necessary but avoid unnecessary repetition.

LEGAL REFERENCES

• INA § 208 (8 U.S.C. § 1158) - Asylum
• INA § 101(a)(42) (8 U.S.C. § 1101(a)(42)) - Definition of Refugee
• INA § 241(b)(3) (8 U.S.C. § 1231(b)(3)) - Withholding of Removal
• 8 CFR § 208 - Procedures for Asylum
• 8 CFR § 1208 - EOIR Asylum Procedures
• 8 CFR § 208.13 - Establishing Asylum Eligibility
• Matter of Mogharrabi, 19 I&N Dec. 439 (BIA 1987)
• Matter of Acosta, 19 I&N Dec. 211 (BIA 1985)
• Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014)
• Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014)

This template is provided for informational purposes only and does not constitute legal advice. Asylum law is extremely complex with serious consequences. Individuals seeking asylum should consult with a qualified immigration attorney or accredited representative.