Human rights in the United States are an important component of the state’s domestic policy, which is why Americans willingly provide political asylum to people from other countries where their rights are violated. If you are looking for information on the topic of obtaining political asylum, it means that in your homeland you are experiencing difficulties associated with violations of rights. Therefore, you have a chance to obtain political asylum in another country, and it could be the United States.
Who can become
Emigration due to the danger of life in one’s own country presupposes obtaining protection in the United States. The country's legislation establishes a division between two procedures - obtaining refugee status and granting political asylum.
Both cases involve flight due to persecution or military operations that threaten people's lives.
The difference between the two procedures lies in the location of the person at the time of filing the appeal:
- refugee status is assigned to a foreign citizen who submits documents while residing in his or her country;
- political asylum is given to a person who emigrated from their homeland to the United States.
The reasons that determine the situation with applying for refugee status and obtaining asylum are:
- Persecution of citizens based on race.
- Relationship in a confession that is not classified as a generally accepted community in the state.
- A person's nationality does not suit government representatives.
- Relation in any social group or political party persecuted within the territory of one's home country.
The main condition for receiving help is the fact that a person is being persecuted:
- arrest of a citizen upon presentation of an unfounded warrant;
- threats to life and health with constant pressure;
- non-acceptance of civil freedoms and rights.
The US authorities are characterized by bias when considering applications from foreigners. The current political climate requires the recognition of gender-based persecution.
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.
Procedure
When applying for refugee status, experts advise not to skimp on a good lawyer. He will not only help you collect the necessary set of documents, but also go through the entire procedure required by law.
The applicant needs to go through several stages:
- Collect a set of evidentiary documentation.
- Apply to the US Embassy.
- Carefully fill out the proposed forms.
- Pass a serious interview with immigration specialists.
- Get a solution.
The applicant should know that the entire procedure provided is absolutely free.
What documents will be required
Typically the list of papers includes:
- passport of a citizen of the Russian Federation and international passport;
- birth certificates of everyone leaving with the applicant;
- a written statement of the current situation (how the oppression manifests itself, the reason for the desire to leave, details about the infringement of rights, etc.);
- military ID (if available);
- marriage documents;
- diplomas, certificates and other papers confirming qualifications or profession;
- if there are relatives living in the USA, an application from them, etc.
If a child is refused admission to a child care institution, or to work, etc., then such facts must be documented so that discrimination on any basis is evident.
All documents must be translated into English and have two copies.
The applicant’s package is drawn up in triplicate; if family members (spouses and children) are included in the application, then a similar package (in one copy) should be prepared for each of them.
Issues of granting political asylum in the United States are handled by USCIS, the Citizenship and Immigration Services.
A week after submitting the application, the applicant will receive a mail notification that his request has been accepted for consideration and from that moment the foreigner stays in the country legally. In some states, after receiving such a notice, the applicant may be able to exercise certain rights, such as obtaining a driver's license.
Biometrics
The applicant will then be given a time to appear at a USCIS office to submit fingerprints. An invitation to undergo biometrics usually arrives 10 days after sending the case.
You must report to the USCIS office (the address of which will be indicated in the notice) to submit biometric data within 14 days of receiving the notice: failure to comply with this requirement may result in sanctions in the form of suspension of the case.
Interview
When preparing for an interview, you need to think through all the details describing the reasons for applying. Don't expect officials to shed tears when they hear about the hardships the applicant has had to endure.
Counting on receiving a positive decision, the applicant must prove to the American authorities that his life in his homeland is in real danger.
Specifics of the interview
A person wishing to become a refugee and his family members are interviewed simultaneously in different rooms.
The questions relate to the data presented in the documents. Many people who emigrated to the United States note the uncompromising nature of the interviewing. It is important to consider that the rather harsh tone of the interviewer is associated with the need to clarify whether the applicant has the right to receive refugee status, and not at all with a desire to humiliate the applicant.
“Lautenberg Amendment”: what is it and how to immigrate to the USA with its help
One of the New York Times articles mentioned the story of Galina Davydyuk , who was born and raised in the Ukrainian SSR. Her childhood took place in the 70-80s of the 20th century and was not at all carefree: the girl was humiliated by her classmates because she believed in God.
As a Pentecostal, she had to sit at the last desk in the class - the teachers moved her there. For the same reason, her father was sent to prison.
Only at the end of May 2021, Galina and her large family were able to move to the United States. Despite the fact that the Soviet Union collapsed 26 years ago, in modern Ukraine, according to Davydyuk, Pentecostals find it just as difficult to find work.
Her family moved to Vancouver, Washington, thanks to the Lautenberg Amendment . This is what we will talk about.
A little history . In 1989, Frank Lautenberg , a senator from New Jersey, introduced in Congress an amendment to the Foreign Relations Authorization for fiscal year 1990.
The senator's proposal was intended to facilitate the acquisition of refugee status by Soviet Jews (Jews) and representatives of other religious minorities persecuted in the USSR, as well as immigrants from Southeast Asia.
The Lautenberg Amendment was adopted, but its effect is extended for each subsequent fiscal year.
In 2004, at the instigation of Senator Arlen Specter , the amendment extended to Iran's religious minorities. But according to the New York Times, these days it is predominantly evangelical Christians (90%) who immigrate to the United States under this program. And the vast majority of them are Ukrainians.
And every year there are more and more of them. Thus, by August 2017, about 4,000 Ukrainian citizens received of religious refugees (For comparison: in 2016 - 2,543 Ukrainians.)
The majority of evangelical Christians who emigrated from the USSR settled in the Northwestern United States. They get the right to work, benefits, grants, health insurance, and build their churches there.
Is it possible to become one of them? Can. But if BOTH criteria are met (for citizens of post-Soviet states):
You are a member of a religious minority that was persecuted in the USSR: Jew (Jewish), evangelical Christian (for example, Pentecostal or Baptist), Ukrainian Catholic, member of the Ukrainian Autocephalous Orthodox Church.
NB For Jews, it is enough that at least one of the parents - mother or father - is of Jewish nationality. Evidence is considered to be a birth certificate issued before 1991 or another document confirming this fact.
You have close relatives permanently and legally residing in the United States. Who are they? Spouse, parents, grandparents, siblings, children, grandchildren. Cousins, aunts and uncles, nephews and nieces are already “overboard.”
But even if these criteria seem to have been “written off” from you, you will still have to prove to the American side that your life is in danger or that you are being discriminated against for your professed religious views.
Were your arguments considered not so convincing? Well, even if immigration authorities have denied you refugee status, all is not lost.
The second part of the Lautenberg Amendment provides for obtaining “parole” status , thanks to which you have the right to come to the United States and apply for a green card after a year. But at the same time, you must find a sponsor, since you are not entitled to financial assistance from the state.
NB Those who have previously received refugee status, but never moved to the United States for an unexcused reason, do not have the right to re-apply for asylum.
What an applicant needs to do to begin the immigration process:
Fill out the Preliminary Questionnaire in English.
Attach a copy of your international passport with biographical information. If you do not have a foreign passport or time to obtain one, a copy of your internal passport will do. Send all these documents to your relatives in the USA. N.B. _ To obtain a form, contact your local branch of the International Organization for Migration . (Contact information can be found on the official website.)
What should the inviting relative do:
Receive documents from the applicant. Contact your nearest Refugee Resettlement Agency to fill out Affidavit of Relationship .
Submit a copy of a document confirming the legality of your residence in the United States. The agency will take care of the rest of the details. It will forward all documentation to one of the national resettlement agencies. For example, to Immigrant Aid Society or the United States Conference Migration and Refugee Services.
After verification, the documents will be “transferred” to the International Organization for Migration , whose branch in the applicant’s homeland will make an appointment for him with an immigration officer at the US Embassy .
The final verdict in the case will be made by the US Citizenship and Immigration Services . The decision to grant (or not grant) refugee status to the applicant will become known after the interview. In case of refusal, you can file an appeal to have the case reviewed. 90 days are given for this.
How long will the whole procedure take?
Each case is individual. For example, it took Galina Davydyuk 2 years to go through all the stages, from filling out a preliminary application form to moving to Vancouver with her husband, seven children and daughter-in-law.
By the way, she received the invitation from her sister Lilia, who has been living in the USA for 10 years, having moved there with the help of her husband’s relatives.
After receiving refugee status in the United States
Refugees are provided with welfare packages, housing, cash assistance, etc., including obtaining a work permit, social security number, the ability to request family reunification and apply for change of status.
Receiving refugee status in the United States means that you can obtain the right to work in the United States. To obtain a work permit, a refugee must complete and submit Form I-765.
After living in the United States for a year as a refugee, you can become a permanent resident of the United States.
Provided that during this time there were no violations of American law on your part, and the immigration service did not receive information about you indicating that refugee status was granted to you by mistake, or you provided incorrect information when filling out immigration forms. Since There are annual quotas for issuing green cards, so sometimes you have to wait for a green card for several years.
A refugee has the right to leave US territory if desired. To do this, you must obtain a return entry permit, which gives you the right to leave and return and receive a “refugee passport.” Without this document, you will not be able to return back to the United States in the same status. It is not recommended to visit the country you left after receiving refugee status. This may call into question your refugee status.
Asylum in the United States is granted for an indefinite period, but refugee status does not give its holder the right to remain permanently in the United States.
Obtaining refugee status: features, difference from political asylum
For people facing persecution in their home countries, protection is available in America if you seek help.
There are two possibilities to do this:
- While you are on the territory of another state, collect a refugee case and evidence of persecution. And only when you are given the go-ahead to receive status, do you go to the USA;
- First you move to the States, and only then ask for asylum. In this case, registration will take much longer, but this option is chosen by people who cannot stay in their home country.
Accordingly, in the first case you will be granted refugee status, in the second you will receive political asylum, that is, these definitions are not the same.
Those foreigners who have close relatives living in America have a greater chance of obtaining status.
In their absence, although the program is available, you can count on approval in exceptional cases.
Benefits of status
First of all, the refugee is given the opportunity to live and work in America.
Status holders also receive additional benefits, such as:
- payment for accommodation at the expense of the budget;
- a cash benefit sufficient to feed the entire family and receive minimal services ($400 for 8 months);
- simplified procedure for confirming qualifications;
- assistance in enrolling children in school;
- admission to a university on a preferential basis;
- employment support;
- free courses to improve English;
- tax benefits;
- pension;
- registration of health insurance.
Thus, the list of what refugee status provides clearly demonstrates why the flow of people wishing to obtain it in this country does not dry out.
What is political asylum in the USA?
A future for the family A spouse and unmarried children under 21 years of age can receive political asylum in the United States together with the main applicant. Provide your family with a stable future in an economically developed and socially protected country.
State protection The basic principle of American legislation is the protection of the rights and freedoms of citizens and residents of the country. The government is required to provide legal support to every person receiving political asylum.
Legalization in the USA After 1 year of living in the United States with refugee status, a foreigner has the opportunity to receive a green card and subsequently become an American citizen. This right is also granted to family members who have received political asylum in the United States.
Social guarantees Refugee status provides individuals with medical insurance, psychological and social support, financial assistance, English language courses, budgetary lending and rental and housing programs.
Additional benefits of political refugee status in the states:
- Assistance in finding employment without qualifications
- Receiving cash benefits to pay for household services and food
- Enrollment in educational institutions of the country
- Registration of a residence permit in a simplified manner
- Possibility to claim pensions
- Free attendance of English language courses
Refugee quota
Since the popularity of America as a country for moving is growing and growing from year to year, the authorities annually establish a certain number of places that can be occupied by people from other countries.
This is especially true for citizens of states that were formerly part of the Soviet Union. Every year the government allocates a limited number of quotas, which are distributed among those interested. And with each new year their number is falling, the same thing happened at the beginning of 2021.
Those citizens who are not subject to the quota, but still want to obtain refugee status and leave, can participate in the humanitarian program. Such citizens receive a status called “password,” which makes it possible to resettle in the United States, but does not provide any of the guarantees and benefits that are established for refugee migrants.
It is very important to remember that if you were refused when you applied for asylum, then most likely you will not be able to enter the United States again. Everyone knows how zealously the state protects its well-being, and you may simply be suspected of not wanting to return to your homeland, even if you go to America for the purpose of tourism.
That is why, be especially careful when filling out documents and provide only correct information if you have set out to obtain refugee status in the United States.
When to File an I-589 Asylum Application?
Despite your current immigration status, you can apply for asylum if you are physically present in the United States. However, this must be done within one year of arrival in the country.
If you missed the deadline and failed to file your I-589 petition within a year of arriving in America, you must have a valid reason to pursue your case. If you do not have such a reason, DHS may decide that you are not eligible for asylum. Therefore, it is very important to clearly explain the reason for the delayed application to immigration officials. Federal rules define some situations that may be considered legal explanations for late filing. If you missed the filing deadline, please contact a qualified immigration attorney for assistance.
Reasons for refusal
You may be denied refugee status for several reasons:
- have already applied for refugee status several times and been refused;
- you live in a country with a stable, prosperous economy, in which oppression and persecution by government structures is unlikely;
- you cannot prove that the harassment and persecution were directed against you because of your belonging to a certain race or religion, or the presence of certain political views;
- the situation in the state in which you were persecuted has changed and no longer poses a threat to you.
Grounds for granting asylum
The US Congress passed the Political Asylum Act, which defines five grounds for granting it. The basis for obtaining this status is the persecution of a person for one of the following reasons:
- Race.
- Religious worldview.
- Nationality.
- Belonging to any social group.
- Political views, political activities.
You will need to convince an immigration officer or immigration judge that you qualify for refugee status by providing a variety of written, oral, photographic, and video evidence in a case, interview, or court hearing. It is not enough to show that you are a “stranger among your own” - you belong to a national or social minority, have political views opposed to the regime, etc. You must describe how you or members of a similar group are or may be persecuted in your country because of this. It is important to point out the danger and show a credible, well-founded fear of persecution or fear for your life and health.
Do not underestimate the competence and experience of people who will try to verify the accuracy of the information provided from different angles in order to make a decision on your case.
The following are not recognized as grounds for obtaining asylum:
- the fact of war or military conflicts in the country;
- economic and political crises;
- personal unsatisfactory economic and health status.
Persons who:
- took part in the persecution of third parties, citing their belonging to a different race, nationality, or social group; due to a different religion or political views;
- currently live in countries other than the former USSR and have received citizenship or a residence permit there;
- are economically independent to the extent that they can provide for themselves and their family;
- have previously applied for refugee status in the United States and been denied;
- did not prove that the actions taken against them occurred or could occur because of their belonging to a particular race, nationality, or social group; presence of certain political views;
- reside in a State that has undergone fundamental changes that leave no possibility or likelihood of persecution of the applicant in the future.
