Providing unreliable testimonies can make immigration processes and legal cases more complicated, leading to serious consequences. On the other hand, having material and expert witnesses can help people avoid deportation from the United States. This US deportation defense article explains how witnesses are important in immigration court and how they can help.
Understanding the Power of Witnesses
For when you are being pursued for immigration removal (deportation), and you are appearing before the immigration judge, and undergoing an individual hearing, having someone who acts as a witness can be quite beneficial. Witnesses operate as pillars of support by supporting your statements, giving credibility to your evidence, and helping to guide proceedings in your favor if that is the desired outcome.
What Makes a “Good” Witness
A good witness therefore is not just those individuals who say good about you but rather those who can influence the perception of the judge towards you. Here are some key attributes of a “good” witness:
1. Appearance and Demeanor
Thus, good witness should ensure he/she appears neat and professional in court. This testimony should be confident and should correspond to the evidence available when you file for immigration relief.
2. Credibility
Laying stress on the witness’s credibility proves that a witness’s credibility plays a vital role in the case. In the courtroom, a danger is that your witnesses give statements that contradict the facts and evidence that you had tendered.
3. Preparation
Your witness must answer any questions straightforwardly in front of the immigration judge and the trial attorney from the Department of Homeland Security (DHS). Negative cross-examination, waiver of certain privileges, or poorly prepared statements by an attorney can lead to damaging consequences.
When Material or Corroborating Witnesses Are Essential
This is important to support different elements of your statement with other real, physical evidence. This becomes especially crucial in situations such as the cancellation of removal, where it will be necessary to prove the absence of immoral conduct on the part of the warrant applicant.
Leveraging Community and Professional Support
In particular, the testimonies of people who know you personally and are American citizens or green card holders, especially in the case when they are important members of society with responsible positions, doctors, teachers, police or registered politicians, etc., can be very influential in the sense of a favorable testimony about you.
The Significance in Asylum Cases
When it comes to asylum cases, witnesses with material interest can corroborate your stories of persecution or fear of it. They can back up your claim that you are part of a certain religion or a group and that persecution happens around such factors.
For instance, the church pastor could testify on behalf of your reliability as a church member each time you attend prayers and your fears as a result of religious persecution. The mentioned testimonies can be crucial in the support of your asylum case.
Solidarity in Similar Experiences
If you know families or other individuals from your home country, their accounts and even their asylum status on the same grounds as yours would be helpful about the conditions in your home country or how people like them are treated.
The Role of Expert Witnesses
Witnesses can significantly enhance your deportation defense by:
- Demonstrating Family and Community Support: Letters and testimonies from friends, family members, or community leaders can illustrate your integration into society and the potential impact of your deportation on those who depend on you.
- Providing Testimony: Witnesses can testify about your character, family ties, and contributions to the community. This testimony helps establish your credibility and the positive aspects of your life in the U.S.
- Supporting Claims for Relief: If you are applying for asylum or cancellation of removal, witnesses can corroborate your claims of persecution or hardship if you were to be deported.
Country Conditions Experts
Some organizations are the faculty, professors instructing in your home country, or members of a human rights organization can speak about the situation in your country. This involves information on incidents of violence, political associations, and the persecution that may be experienced by someone like you.
Psychological and Medical Experts
Psychological or medical professionals can give conclusions where timelines for an event may be an issue or the ability to remember events. They can also corroborate stories of having received some injuries which were inhuman treatments or torture according to your testimony.
In the description of the various grounds for cancellation of removal, a medical expert can help to explain how medical treatment in the home country may be significantly worse than in the US and you and your U. S. citizen child may have to be forced back.
Preparing and Presenting Witnesses Effectively
To maximize the effectiveness of your witnesses:
- Gather Supporting Documentation: In addition to verbal testimony, collect supporting documents such as letters of support or affidavits that outline their relationship with you and their perspective on your character and situation.
- Select Relevant Witnesses: Choose individuals who can provide specific and relevant information about your situation. This might include family members, friends, employers, or community leaders.
- Prepare Them for Testimony: Ensure that witnesses understand the process and what is expected of them. They should be familiar with key points they need to address during their testimony.
Submitting a Witness List
In your Immigration Court trial, you should file all documents, especially the list of witnesses, during the pre-trial period called the call-up date. This period typically spans from ten to 30 days before the hearing. If the court postpones the case, it means the argument has been rescheduled to a future date.
An Important List of Witnesses to consider for any Case
Your witness list should contain the following details for each witness:
Full name
Title (if applicable)
In so doing, we have kept our relationship with you the respondent entirely professional.
A brief description of their testimony Here, the witnesses’ testimonies have been briefly described to capture their main points:
For instance, you might mention a witness in an asylum case of persecution based on sexual orientation as, John Doe, a U.S. citizen and the respondent’s partner, who can testify about their relationship and explain why the respondent had to seek asylum in the U.S. due to fear of persecution in their country of origin.
For the experts, also give further details like qualifications and resumes if any with brief details about them.
Considering Telephonic Testimony
Where physical appearance is an issue or maybe a potential problem, filing a “Motion to Allow Telephonic Testimony” can work. This motion should be filed at least ten days before the hearing date but preferably, even earlier than this date.
It becomes significant to indicate that most institutions prefer early submission of theses as it has several benefits in the following ways.
Failing to submit this motion quickly is disadvantageous. If the motion is denied for any reason, the process might call the witness before the call-up date, and the witness may need to make an affidavit. This affidavit will include details that the witness can provide as evidence in court.
In immigration court, witnesses can be the linchpin to your defense against deportation. Whether they are material witnesses validating your claims or expert witnesses lending their specialized knowledge, their presence can be the game-changer you need. Preparing and presenting witnesses effectively is an art, one that can significantly influence the outcome of your case. By understanding the roles of witnesses and following a strategic approach, you can increase your chances of achieving a favorable resolution in immigration court.
Make sure that when you offer an affidavit of non-appearance your witness has a reasonable and legitimate reason for not being physically present. Such reasons include institute restraints such as health or professional obligations that bar them from physical attendance.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a U Visa or a T Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to stay in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
