How Expert Witnesses Are Tapped for Immigration Cases
Immigration cases are often complicated when there are multiple factors or enough elements to cause a success for either side to be uncertain. Various immigration issues stem from those seeking asylum in the United States when they cannot remain in their own country.
Additionally, lawyers have been using expert witnesses extensively for numerous issues regarding immigration, asylum, crimes committed by immigrants before they may become residents of the United States and many other issues. It is because of this that an expert witness’ testimony may be vital in the success of a case. It is possible that a translator is necessary to assist with those that cannot speak English.
Even when someone is applying for asylum and his or her own testimony should be enough to explain why asylum is needed, it is often essential that another person assist with evidence and details so that the judge has a complete grasp of the situation. Certain judges have a bias against expert witness testimony, and this may complicate matters. However, when asylum is needed, it is important to seek any resource possible. A lawyer working the case should have an understanding of what is necessary and what steps should be taken given the circumstances. This may require moving the issue to another location.
The Use of Expert Witnesses for ImmigrationWhen immigration cases arise, for whatever reason, an expert witness is often an extra resource to push the decision over the uncertain possibility in regarding the individual. Because of this, it is important to hire one when the case is not clear or there is a lower chance of success. This may be the issue when the person seeking residence, citizenship or asylum in the United States is still in his or her original country. This may be due to laws that affect how the immigrant is able to transfer to another land or what steps must be taken. In some instances, the person must go through various types of stress that may manifest in symptoms where therapy is needed.
Some of the most useful ways to have an expert witness used for an immigration case is when the individual is attempting to apply for asylum because he or she is being persecuted by those in his or her own country. With the assistance of the professional expert, the immigrant applies and go through the process with a judge. The judge examines the situation, assesses what risks may pose a danger to the person applying, the country and laws that are related to the immigration application. Some factors may include the use of torture, injury or an attempt to kill the individual attempting to immigrate. Some psychology experts are used to analyze for signs of post-traumatic stress disorder in the victim of persecution.
Expert Witnesses Assisting JudgesStudies have been conducted in how an expert witness may provide aid to judges for immigration concerns. One useful utilization is through projecting possible consequences of deportation of the person seeking asylum. If the likelihood of him or her being tortured or harmed is greater than the chances of being left alone, he or she may be provisioned asylum for a period of time. The knowledge and experience of the expert witness is invaluable in these instances to judges so they may make an informed decision about what to do.
When a judge presides over immigration cases, he or she is permitted an enormous amount of discretion over various facets of these circumstances. There are standard methods that may be used as a standard, but it is important to provide a judge with as much assistance as possible, and expert witnesses are capable of accomplishing this through their vast field experience and understanding of how immigrants may need asylum or traveling to the United States to start over in life.
Expert Testimony Admission and EvidenceIn most cases, it is up to a judge to determine if an expert witness may be used for testimony and an understanding of the situation. However, interviewing the professional in the same manner as a normally used court room, the individual may be cleared to explain the circumstances of the immigrant so that the presiding judge may determine how to proceed with all available information. Admission of this testimony is fair, and as long as the expert witness provides his or her own information and opinion based on his or her knowledge, it may be used properly. This makes an expert witness invaluable for immigration cases.
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.