Immigration Cases
Every year, millions of people seek to become permanent residents or citizens of the United States. Not all these requests can be granted. Often, deciding the immigration status of an individual rests on his or her own testimony. A polygraph examiner can verify these statements to help the federal courts decide whether to approve or deny an immigrant petition.
Immigration Credibility Assessment Registered Examiner (I-CARE)
An examiner who is certified as an Immigration Credibility Assessment Registered Examiner (I-CARE) can conduct examinations used in immigration cases regarding asylum, violence against women, adjustment of status, marriage fraud, terrorism, and human trafficking.
Libby Langford is an I-CARE certified examiner and an expert in Matter of Areguillin cases, which involve the status of persons who are granted entry into the United States by border officials.
I-CARE examiners receive specialized training in performing polygraphs for immigration cases. These exams have been used successfully in many administrative jurisdictions to provide verification of client statements. This computerized polygraph has been accepted by asylum officers and immigration judges in verifying a plaintiff’s credibility. This is especially helpful for cases in which other evidence is lacking.
This testing can be conducted under attorney-client privilege. And, based on Federal Rule of Evidence 702, a polygraph examiner can testify as an expert witnesses. These polygraphs help increase approval ratings, enhance an affirmative case, or strengthen defensive appeal cases.
These examiners have extensive skills and training in forensic interviewing that can elicit and verify information not always found in Asylum I-589 or other immigration-related government forms. These polygraph exams can provide validated and foundational information using court-accepted ASTM methods, and they can be used in conjunction with expert psychological or medical exams to achieve a clear preponderance of evidence.
In addition, the use of I-CARE polygraphs helps insulate law practices from government claims of collusion, fraud, or suborning perjury.
Applications for Asylum
The United States offers asylum to immigrants who are unable or unwilling to return to their countries of origin because they fear persecution due to their race, nationality, religion, membership in a particular social group, political opinions, or personal beliefs.
Polygraphs can validate claims of persecution by validating claims of torture or other kinds of abuse. This helps federal courts make informed decisions. I-CARE certified examiners and computerized polygraphs verify a petitioner’s statements regarding his or her claimed experiences of torture or other abuse.
A considered immigration attorney’s strategy for asylum cases involving arrest, torture, or death treats might include (1) a proper computerized polygraph examination for resolution of the lowest common denominator issues or simple validity of INS form I-589, (2) a report from a psychologist who specializes in working with survivors of torture (a form of PTSD), and (3) a physician’s report in regard to scar tissue or other nonvisible injuries that are consistent or inconsistent with torture methods.
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