How to obtain political asylum in the USA for Russians in 2021

There are many who want to become citizens of a country of freedom and democracy. There are a lot of tips on the Internet on how to get the coveted green card: a work visa with subsequent receipt of a residence permit, the green card lottery, marriage with an American. A difficult but popular option is how to obtain political asylum in the USA. He works in situations where a person’s rights are violated in his homeland.

Political asylum in the USA

Grounds for obtaining political asylum

American law provides for an immigration clause. Under Donald Trump, immigration policies have become stricter. In 2021, there was active discussion of reducing the number of green card quotas played out in the lottery and the construction of a separation wall with Mexico. The country was clearly preparing to shut down the flow of immigrants. It is unclear how the new administration will behave.

Challengers are individuals who are persecuted in their home country because of their socio-political activities, faith and beliefs. If local authorities are not ready to solve such a problem, then America takes on the role of protector.

It is important to understand that interpersonal conflicts are not a justified reason, so no one will take into account quarrels with your husband, hazing in the army, or disagreements with a neighbor. When submitting a petition, you must document the fact of persecution. What does refugee status in the USA provide?

What are the benefits of refugee status in Europe?

Immigration under the International Refugee Protection Program provides the following privileges and benefits:

the procedure for obtaining residence permit and permanent residence status in a European country is simplified: there is no need to collect the necessary points for other immigration programs, language knowledge is not required, and all communication with immigration authorities will take place with the help of a translator;
Refugee status can be applied for when crossing the border of a European country or on its territory. The consideration of the application takes a long time, during which time you can get used to the given state and stay in it on completely legal grounds;
the host state provides social support. A refugee has the right to count on housing and receive social benefits;
Requesting refugee status in a European country is strictly confidential. Therefore, there is no information leakage;
asylum can be granted to the entire family at the same time. This is not possible with many other immigration methods;
refugee status significantly speeds up obtaining permanent residence in Europe.

Who can get asylum

A citizen of any country in the world can request refugee status in a European country, regardless of whether he arrived legally or not. The difference is that illegal immigrants must be kept in special centers within the country. A foreigner who arrived in the country on a visa can move freely throughout its territory.

Social support and payments

Illegal migrants have some advantages in receiving social benefits before a decision is made on recognizing their refugee status. During their stay in special centers, they are entitled to be provided with all necessary hygiene items, a one-time purchase of clothing, use of the living quarters of a special center, free medical care and money for small expenses.

Social benefits vary in different countries:

in Belgium - 220 euros per month;
Germany - 340 euros;
in the UK - from 180 to 250 euros per adult and from 20 to 30 euros per child, the amount depends on age;
in France - 200 euros for the head of the family and another 100 euros for each adult family member;
in Poland - only 16 euros.

That is why illegal migrants strive to get to economically strong European countries, where payments are many times higher than their monthly income at home.

Foreigners who have applied for refugee status and who arrived legally have the right to pay extra for housing. In Poland, the additional payment will be one hundred dollars per family member or two hundred dollars per migrant; in Belgium, a person who has requested refugee status is entitled to receive an additional payment of 800 euros for housing.

Refugees have the right to free food

Children of illegal migrants receive the right to learn the country's language and free education. All residents of special refugee detention centers are provided with food.

Disadvantages of status

Perhaps the biggest disadvantage of waiting for refugee status is the inability to obtain legal employment. You can get an illegal job, but if a person is caught, he faces deportation or at least a negative decision on granting refugee status. Therefore, you have to live on the social benefits you receive. Since the waiting period for a decision is long, refugees and members of their families have to rely entirely on the assistance of their host state.

What does refugee status in the USA provide?

The main applicant has the right to request shelter for his wife or husband, children under 21 years of age, if they are not married.
The US Constitution guarantees government protection of the rights and freedoms of every citizen and resident.
Legalization after a year of residence with obtaining a green card.
Free English courses for assimilation.
Budget programs for lending and rental housing.
Assistance in finding employment even for those who do not have qualifications.
Psychological and social support.
Medical insurance.
Benefit covering food and utility costs.
Children will be able to get an education in an American school and go to college or university.
Possibility to apply for pensions.

Refugee status in the USA

If you prepare correctly and draw up a case, then there is every chance of becoming a full-fledged citizen of America. There are many examples of cases about political asylum in the United States. To increase their chances, people resort to the services of lawyers. Such services are provided not only in America.

Tell us about your life before your forced departure?

I was born in Krasnoyarsk and lived there until I was 21. Studied at the Pedagogical University. I didn’t like life in Russia, but I didn’t even think that I would have to flee to Sweden.

My family was initially oppositional, so I must have picked something up. When Crimea was annexed to Russia, classes began to be held at school, where we were told that this was the reunification of a single nation. I was the only one in the whole class who disagreed with this. My class teacher went to the head teacher, and the head teacher decided that I was calling for separatism. The next day, a juvenile inspector came to my house and said that the school had contacted them because of my statements.

They wanted to open a criminal case against me - as an example. I only spoke out at school and on the Internet (in comments, posts, saves, and then these were mostly jokes). Of course, my social networks were carefully monitored.

I don’t know why the school management decided that they could ruin their student’s life like that. The case was not opened because once a week I went to the police nursery. After school I had a choice - either I go to university and get a criminal record, or join the army and don’t get it. I chose the army and served there for 4 months, until they decided that I was not a patriot, bringing up my personal affairs. They put us in the hospital and gave us a ticket, then they said: “Get ready - we’re going to hell.”

I told the psychiatrist that I was admitted “because of Crimea.” This is also written in the epicrisis; I attached the same document when I asked for asylum in Sweden. The psychiatrist understood that if she did not make a diagnosis, there would be sanctions.

In Sweden, this diagnosis was later recognized as politically motivated, but in Russia I even went to court because of it, because I wanted to work in the police, or in the Ministry of Emergency Situations, or perform military service. I wanted to be a person who helps in difficult situations, I wanted to do criminology.

Categories of people who can receive asylum in the USA

The difficult political situation forces many people to seek happiness in another country. There are often requests for political asylum in the United States for Belarusians who do not agree with the official line of the country's government.

How refugees get to the USA

While Belarus is in difficult relations with the West, its citizens have a high chance of obtaining a visa. More people migrate from Kazakhstan to Russia. To understand the chances of your application being approved, you need to know what categories of people are applying, and this is:

Belonging to an oppressed social group.
Persecution based on race.
Harassment due to being a sexual minority.
Political Views.
Religion.
Humanitarian grounds.

Religious persecution is a sensitive issue. There is no state religion in America, but there is a list of banned communities accused of extremism. Representatives of odious groups will not be given shelter.

List of applicants whose applications are not considered

International criminals trying to escape punishment in the United States.
People who pose a danger to the state and Americans.
Persecutors of other citizens for religious, racial, political and other reasons.
They live permanently on the territory of a foreign country.

Persecution within one's own state, which is not resolved locally and does not contradict American law, can become a legitimate reason for moving.

Grounds for obtaining asylum

The unconditional legal basis for obtaining refugee status is the conduct of hostilities in the country of a forced migrant. Today this is especially true for Syria and some regions of Ukraine. Also, the grounds may be persecution and persecution in the homeland of a forced migrant, which threaten his life, health and safety for the following reasons:

for religious reasons;
by race and nationality;
on political views and related activities;
by having citizenship of a certain country;
by joining a separate social group.

Persecution against the person himself or his family members must be manifested in specific actions. They should not come from single individuals, but rather be carried out by the authorities of the state of residence of the potential refugee or by large organized groups of people.

Persecution at home must be confirmed by actual actions of the authorities

As a result, the forced migrant must reasonably fear both for his life and for the safe existence of his family. However, he cannot receive assistance in protection from his state.

Cases of persecution and persecution must be justified and supported by relevant documents.

Who will be denied refugee status?

An unequivocal refusal to assign status will be received if a forced migrant arrived legally or illegally in the territory of the country that received him:

after committing an illegal act in the financial sector, for which the state takes appropriate legal measures against him;
as a result of criminal encounters and prosecutions for criminal offenses involving violence or property crimes;
with the intention of improving their financial situation by receiving benefits for refugees.

Required documents

In order to submit an application, you will need a small package of documents:

an identification document (foreign passport, internal passport and even a driver’s license, if there are no passports for objective reasons);
documentary evidence of family relationships with family members who arrived with the applicant;
four color passport size photographs;
application for refugee status;
a correctly completed application form.

Document forms differ in different EU countries. Documents must be completed in English or the official language of the host country. If a forced migrant is not familiar with any of them, he is provided with free interpreter services.

The path of illegal immigrants to Europe is thorny and long

Political asylum in the USA for LGBT people

Since 1994, US immigration law has recognized persecution based on sexual orientation as a basis for granting asylum. Legal practice shows that transgender people and HIV-infected people who were persecuted in their home countries also win their cases and remain in the United States.

Political asylum in the USA for LGBT people

It is easier for LGBT people to obtain political asylum in the United States if violence or beating has been recorded. If a person has not been persecuted, but fears for the future, then he needs to stock up on examples of discrimination in the country.

A good argument would be the legislative ban on homosexuality adopted in the applicant’s homeland. Step-by-step instructions for obtaining political asylum in the USA for Russians in 2021

UK and USA

Most forced migrants, even those who have a residence permit and real estate in the European Union, prefer to get to the borders of Foggy Albion and find refuge there. The extradition of Russians from Great Britain is rather nonsense. And over the course of a hundred years, such a precedent, in relation to a person who was persecuted at home for an economic crime, happened only once. The peculiarities of the judicial system of this country allow refugees to be confident that even if they live in rented housing, they will not be sent to jail. Because, according to the government of the country, since a person pays rent, then he is completely trustworthy.

Until 2013, the British were so outraged by the state of pre-trial detention centers and prisons in Russia that almost everyone who provided evidence about the threat of zugunder in their homeland could count on asylum. Now this is not enough, we need a serious legend. Experienced lawyers can help with this.

The USA is as safe for fugitives as the famous bank vaults. In this country you can count not only on asylum, but also on social adaptation and assistance. In some cases, when it comes to high-profile cases and famous migrants, the state declares in advance that there will be no extradition.

A number of conditions for obtaining political asylum

Be in the United States or cross the border. The second option threatens with detention at the airport, difficulties in finding lawyers and deportation back; it is rarely used.
Stay on American soil for no more than 1 year. If the deadline has expired, then objective reasons for violating the requirement are taken into account, for example, serious illness or injury.
Fly directly. The logic is simple: why the request was made in America and not in transit countries.

To start the process, you need to apply for a tourist visa and collect a package of documents called a case. The officer's attitude towards legal visitors will be more loyal.

A number of conditions for obtaining political asylum

Political asylum in the United States for Russians in 2021 can be obtained without a visa if you cross the border between Mexico and America or fly to the island of Guam. In the first case, you will have to sit in a migration prison for several months and pay for a lawyer.

The second option is perfect for Russian citizens; for them, the island of Guam provides visa-free entry. From the island, the applicant sends the application to the California USCIS office.

Required documents

To apply you will need:

application on special form I-589;
statements from a lawyer (if you have one);
two photographs as for a passport;
the original written story can be translated into English in advance;
written substantiation of the story, preferably with photographs and video footage;
a copy of the international passport of the applicant and family members specified in the application;
a copy of the children's birth and marriage certificate (if any).

Necessary documents
The lawyer in his statement provides the rationale for the legitimacy of the request. In support of the client, he provides references to American laws and regulations. All documents are collected in a case, accompanied by a table of contents.

Dispatch is strictly by mail. The US Immigration and Citizenship Service will definitely send confirmation of receipt of documents.

Passing biometrics

Approximately 2 weeks after receiving confirmation, the applicant must appear in person at the USCIS office. Here he will be asked to take a photograph and provide fingerprints.

Passing biometrics

14 calendar days are allotted for completion. Failure to appear for biometrics within the specified period is regarded as a refusal. If you fulfill the requirement, you will receive an invitation to an interview in about 2 weeks. There are no exact dates because the service is overloaded with a flood of requests.

Interview

The further fate of the applicant depends on passing the third stage. An experienced officer conducts the interview. A day and time are set, lateness is strictly prohibited, no one will wait, the case will be closed.

You must have the originals of all documents with you, including those for family members, if they appear in the application. The Immigration Service does not provide an interpreter. If your English language skills are insufficient, it is recommended to hire a translator.

The applicant is invited to a separate office. A relative and an interpreter may be present with him. First the officer listens to the story, then asks questions. Answers must be given thoughtfully and honestly. The decision is not made immediately; the officer takes a pause to think about the situation. A positive or negative response comes by mail. The applicant may also be invited to the office.

Interview tips:

Prepare and rehearse your speech.
Find a lawyer and translator.
Wearing formal clothes is important not to give the impression of a beggar who has come for benefits and will become a burden to the country.
Consider the reasons for the request.
Prepare an evidence base. Videos, photos, evidence, medical examination are the key to success.
During the interview, they usually ask about the state of finances, profession, and personal information.

A service officer is a person who has undergone special training. He will confuse you, ask the same questions in different forms, trying to catch you in a lie.

Registration deadlines

Typically a response is given within 30 days. If 150 days pass and there is no decision, then the foreigner has the right to obtain a temporary work permit, then apply for a driver's license, state ID, and SSN insurance.

Registration deadlines

He will not be able to participate in elections, hold public office or serve in the army, but otherwise the list of rights and responsibilities will be exactly the same as for residents.

The procedure takes a long time, sometimes up to 7–8 years. While the decision is being made, the applicant has the right to remain in America. 5 years after a positive decision, you can obtain American citizenship.

The processing time depends on the USCIS regulation that will be in effect at the time of consideration of the application.

How to create a case for political asylum?

The speed of solving the case and its success depend on a well-written case. You need to pay attention to the content and read the tips to help.

Case for political asylum in the USA

What exactly should be included in your case?

The story is based on real events and supported by facts.

If a person participated in rallies against the authorities, then he should be detained and charged with an administrative offense. The condition is that the group does not belong to a group banned in the world or in America.
After the ban on homosexual propaganda in Russia, the version of belonging to the LGBT community became popular among immigrants, but which of them is truly gay or lesbian is unknown.
Jehovah's Witnesses were included in the list of banned sects, so they began to apply for political asylum en masse.
For the CIS countries, racial and national persecution is irrelevant. During the interview, the officer will definitely ask whether the issue could be resolved by moving to another region. Considering Russia's multinationality, the real answer is yes. This means there are no grounds for asylum.
Another tricky interview question: did the applicant contact the police, and whether the employees could help. If there is no confirmed fact of application, then the interview is failed.

The case for political asylum in the United States must be convincing. It contains evidence of persecution; officers do not believe unfounded statements.

Political asylum - a way to stay in the USA or a path to deportation?

Alexander Tsiring , shares his experience .

Immigration lawyers are often contacted for help by immigrants wishing to obtain political asylum. These people do not see any other alternative to legalizing their residence in the USA, but they have heard somewhere that there is such an “easy and convenient” way.

However, they are often disappointed. Political asylum is granted in exceptional cases, and those seeking it, as a rule, do not have sufficient grounds.

Once upon a time, obtaining political asylum was indeed relatively easy. However, since then the political situation has changed significantly. And now the mere fact of arriving from the countries of the former Soviet Union does not mean that a person will automatically receive the status of a political refugee. This was the case in the late 1980s. Today everything is different.

The US Immigration Service carefully examines each petition, including contacting the authorities of the country from which the person came. Everything is checked: cases of arrests, the applicant’s affiliation with a certain party, community, religious community, etc.

A life-changing document must be convincing in content and legally impeccable in form. Therefore, do not trust its preparation to random people.

Many clients come to our office whose petitions were cooked up by various “craftsmen”, inventing ridiculous stories of persecution. As a result, instead of political asylum, these people faced the hassle of the deportation process. This is an inevitable consequence of failure.

Who has the right to political asylum?

A political refugee can be recognized as someone who convincingly proves that he was actually persecuted in his homeland because of his membership in a certain political or social group, on national, racial or religious grounds, or in connection with his sexual orientation.

You must prove that for one (or more) of the above reasons, returning to your homeland is dangerous to your life and health.

Another compelling reason for granting political asylum is the inability to obtain protection from government agencies in the country of persecution.

However, persecution is also different . We are often approached by clients whose lives and health are truly in danger, but from gangster groups .

Moreover, even a confirmed fact of persecution in a certain place will not be a sufficient basis for granting political asylum if the petitioner has the opportunity to live peacefully in another - on the territory of the same country.

For example, persons persecuted by separatists in Transnistria, Nagorno-Karabakh and other unrecognized territorial entities will not receive asylum in the United States. After all, they can move to another, safe, part of the country within which these entities are located.

Does this mean that it is almost impossible to obtain political asylum? Not at all. There is always persecuted opposition, there are oppressed groups everywhere who can and should seek asylum for themselves and their families.

As for the procedure itself, documents for political asylum are accepted during the first year of stay in the United States. An exception (if more than a year has passed since arrival) is made only if circumstances in the country of origin have changed: a war has begun, a coup has occurred, etc.

And now about the real alternatives. Political asylum is far from the only legalization option in the United States. There are many (yes, many!) other ways to obtain legal status or a green card, such as family reunification, an employer petition, or a temporary visa. There are other, less common and therefore less known possibilities.

I will give just a couple of examples from personal practice.

One of my clients came to the United States on a student visa, which gives him the right to temporarily stay in the country. After analyzing all the possibilities, we decided to apply for a green card, focusing on the client’s professional data. (He was an excellent woodworker.) There is a special category of work visas and green cards for individuals who have unique professional skills or talent in any occupation .

Here's another example. A young man approached me who was planning to apply for political asylum. He had no real reason, and therefore no chance. But it turned out that he is a master of sports, has many awards and a higher specialized education. Having found a sports school that agreed to hire him as a coach or instructor, we applied for a work visa for persons with extraordinary abilities .

I note that in some cases, an employer is not even required to obtain a work visa or green card.

If you have a regular specialty, but have a lot of experience working in it, it also makes sense for you to apply for a work visa or green card. Only find a company that will hire you.

And most importantly, remember: there are no hopeless situations !

Alexander Tsiring

immigration lawyer
You can ask your question to lawyer Alexander Tsiring by e-mail: [email protected] or contact him personally by phone: (718) ZZ2-5600.

Tips for Writing History

The case is a single whole. If you throw mud at the authorities without evidence, the officer will simply listen carefully and close the case. The facts are presented clearly, concisely and in order.

If a person was persecuted, then he describes a chain of interconnected events that lead to the justification of the reason for requesting political asylum. When creating a story, the structure is thought out. There must be an introduction, a main part and a logical conclusion.

Tips for writing a story

The story is written independently, then it is advisable to submit it to a lawyer for review. He will make the necessary corrections and place the right accents. It is recommended to compress the story to a volume of no more than 15 sheets of printed text. Few people will begin to study long novels of 50 pages.

When writing, there is no need to express yourself in clerical language or overload the text with legal terms. It is better to use colloquial language.

Life in the USA after being granted asylum

You will have to start life in another country practically from scratch. You should not expect that after legalization the fugitive will be given the post of head of a prestigious company. More often, immigrants occupy jobs as waiters, couriers, and electricians.

For assimilation, you can choose an area where former compatriots live, for example, the Russian quarter of Little Odessa, better known as Brighton Beach in the south of New York.

Pros of political asylum in the USA

Advantages of this method of relocation and legalization:

Possibility to remain in America until a decision is made. It is easy to find temporary work in cities during this period.
Registration is free, but to be on the safe side, you can hire an immigration lawyer; his services cost $2,000 or more.
America is confident that in the post-Soviet space people have their rights violated. Immigrants from the CIS countries (Kazakhstanis, Russians, Belarusians, Ukrainians) have every chance of getting approval if the case is correctly compiled.
Possibility of obtaining a green card.

Advantages of political asylum in the USA
There are many stories online about how people without the advice of a lawyer or translator received a positive decision. It all depends on preparation. Disadvantages of political asylum in the USA

Disadvantages of Political Asylum in the USA

You can't return to your homeland. In this case, the question arises: why does a person return to a place where he is in danger? The case is closed, the person is deported.
There will be no opportunity to see relatives who will remain in their home country.
Uncertainty of deadlines and long waits in limbo.
We need a cash reserve.
Dependence on the political situation, which can change at any moment.

If you migrate to America on the basis of persecution, then you need to realize one thing - you can return back only after a negative decision has been made. During the waiting period and after approval, the routes back are closed. Reviews on forums are full of nostalgic memories.

Asylum statistics

Unofficial statistics say that 30% of cases are approved by the officer during the interview. In case of refusal, the case is sent to court. It's too early to lose hope. If the reason is the incompetence of the lawyer, then you can refer to this fact and demand a review of the case.

ubezhisha-v-amerike

Of the refusals, about 70% of applicants remain in the country on the basis of a court decision. He makes the final decision on the case.