Material and expert witnesses alike can help a foreigner defend against a removal from the United States. Once you are in immigration removal (deportation) proceedings, and have an upcoming individual hearing before an immigration judge, you may want to bring one or more witnesses to court.
Having a witness who can testify on your behalf can boost your credibility, confirm your story, substantiate your claims, potentially leading you to not getting deported and even being granted lawful immigration status in the U.S.
What is Described as Good Witness in Immigration Court
A good witness is described as someone who will arrive in court neatly dressed and will provide helpful testimony to the immigration court in a composed manner that is unwavering with your asylum application and with any evidence that you have provided.
In like manner, you should not bring witnesses just for the sake of having additional voices in the courtroom. Individual merits hearings can be lengthy and the government attorney and immigration judge will have very little to no tolerance for a witness who is trying to do you a favor, has limited insight or knowledge of matters of importance in your case.
Your witness should be well prepared for any confrontational or argumentative questions that the immigration judge and the Department of Homeland Security (DHS) trial attorney might ask. A witness who doesn’t not know about your situation, or is uncertain about the subject of their testimony or is easily intimidated, could wind up changing their story on the stand. That could potentially do your case more harm than good.
For this and many other reasons it is very important to seek wise counsel from a well seasoned immigration attorney to help you and your witnesses prepare for battle in court.
When Corroborating or Material Witnesses are Valuable to Your Case in Immigration Court
Material witnesses, who can corroborate any aspect of your testimony, can be good service in any individual merits hearing. This can be especially true in cancellation or removal cases, where the immigration judge will be looking for evidence of your good moral character and seeking more reasons to allow you to stay in the U.S. than reasons to deport you.
If you know U.S. citizens or lawful permanent residents (LPR) who are willing to bear witness on behalf of your good moral character, especially if they serve the community or are high-ranking professionals (for example, teachers, police officers and politicians), you are encouraged to have them testify in your case.
When it comes to asylum cases, a material witness can be helpful to validate your story of past persecution or your fear of future persecution or that you are a member of a particular religion or social group. An asylum claim must also show a connection between the persecution and your race, religion, nationality, political opinion or a particular social group. For example, a church pastor could testify that you are a consistent and committed member of the congregation and that you have disclosed to him your fear of persecution based on your religion. The pastor could also testify to knowing that there are other people from your religion who are persecuted in your home country. What can also be helpful is if your primary doctor could testify that you have physical signs of past beatings or torture. Also bringing in people you know to testify on your behalf from your home country who can share a similar story like yours or who were granted asylum on similar grounds or even who knew you and faced similar persecutions as you.
Expert Witnesses are Helpful in a Removal Hearing
Professional witnesses are likely to help your asylum and cancellation of removal cases. An expert such as a professor, member of a human rights group, or even a research analyst can answer questions about violent conditions happening in your home country, particular crackdowns or incidents or about the often-targeted political party or social group to which you belong. If you can find a non-partisan academic to testify on your behalf, it could boost your credibility in court.
Even a clinical psychologist or medical expert can provide an explanation for things like why you are applying after the one-year asylum filing deadline or even help provide reason for any gaps in your recollection of events in your home country and can testify to the poor standard of medical care in the country to which you and your U.S. citizen child would be forced to return.
Seek Legal Help
Immigration law is quite complex and having to appear in immigration court unrepresented can be nerve wracking. Discuss your deportation and cancellation of removal with an immigration attorney who knows the U.S. immigration laws like the palm of his hand. Here at Gambacorta Law Office we will gladly provide you with a full analysis of your case and its potential to win in an immigration court, as well as any effective strategies that should aid you with applying for relief. Call us at 847 443 9303, today for a consultation.
