Abstract
Affidavits from medical and psychological evaluators can be invaluable in assisting asylum seekers establish eligibility for asylum. Testimony from medical professionals can help asylum seekers corroborate the traumatic experiences on which they base their asylum claims, and can further explain the relevant effects of these events to the adjudicator. By understanding how asylum seekers may use a medical professional’s testimony to support their claims, evaluators can effectively tailor their evaluation process, which can be crucial given the time, access, and geographic limitations that evaluators may have to navigate.
This chapter will provide an overview of the ways asylum seekers may use a medical or psychological evaluation to support their claims. Further, the chapter will describe factors that evaluators must consider before and during the evaluation process and will provide best practices for preparing for the evaluation, collaborating with attorneys, and preparing to testify as an expert witness in immigration court or federal district court.
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Notes
- 1.
As in most situations in the legal arena, ignorance of the law is not considered an excuse for not meeting deadlines or complying with the law.
- 2.
The relevant federal statute states: “On application for a writ of habeas corpus, evidence may be taken orally or by deposition, or, in the discretion of the judge, by affidavit. If affidavits are admitted any party shall have the right to propound written interrogatories to the affiants, or to file answering affidavits.”
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Gomez, V., Berthold, S.M. (2022). Best Practices for Writing Affidavits and Preparing for Testimony. In: McKenzie, K.C. (eds) Asylum Medicine. Springer, Cham. https://doi.org/10.1007/978-3-030-81580-6_10
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