In the course of my work, I see many asylum claims — some strong, some genuine but weak, some totally made up. Today I want to talk to you about the made-up ones. If you are in another country and thinking of ways to get to the United States, or if you are here in the U.S. on a student or visitor visa, and want to stay, here’s some advice. Do not make up an asylum claim, or take one real but minor incident from your life and add a murder or a rape or a torture session to it, or use a story that is passed around among members of a particular community because it ‘worked’ for somebody.
You should know that if an immigration judge rules that your case is “frivolous.” you’re in trouble. In regular English, frivolous means not serious, silly even. In immigration law, it has the specific meaning that you lied, on purpose, in your asylum application. A frivolous finding by a judge means you are not eligible for any U.S. immigration benefit, ever. In your whole life. Unless the law changes at some point, you will never be able to return to the United States, even if you are married to a U.S. citizen, have U.S. children, or are the world’s greatest baseball player. No matter what you read in an immigration forum, or chatroom, no matter what others tell you, trust me: this is the truth, and I hope you will take it to heart.
Fake asylum claims hurt the people who submit them, but they also hurt those who have really been raped or tortured, and who desperately need protection. It makes convincing a cynical judge or asylum officer that much more difficult.
So sign up for the lottery! and leave asylum to those in need.
NEXT POST: WHAT YOU WILL NEED TO SUBMIT YOUR APPLICATION