How to obtain political asylum status in the Russian Federation 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 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.

Protection and shelter

Today “RG” publishes the order of the Federal Migration Service “On approval of the Administrative Regulations of the Federal Migration Service for the execution of the state function of implementing the legislation of the Russian Federation on granting political asylum to foreign citizens and stateless persons.”

He describes in great detail how people forced to flee their homes can find protection and shelter in Russia.

At first glance, everything seems simple and clear. To apply for political asylum, it is enough to present a passport and two photographs. If the applicant does not have citizenship, any identification document or temporary residence permit in Russia will do. It doesn’t matter if, for good reasons, a person came to ask for protection without having documents - the testimony of a witness is enough. If a person does not speak Russian, he will be provided with an interpreter.

The FMS regulations prescribe the process of obtaining political asylum down to the smallest detail; it even specifies which chairs and counters should provide comfort for applicants, and how the walls of the reception area should be decorated.

In hot weather, refugees are promised air conditioning, in cold weather - a wardrobe. The order obliges service workers to speak politely to them, and when answering questions over the phone, not to be distracted by extraneous conversations.

If a person wishing to obtain political asylum in Russia has not violated the laws of the Russian Federation, is not prosecuted by a Russian court, provides truthful information, is not simply trying to improve his well-being by moving, and does not have citizenship in a country where he could live without problems, then, according to the new regulations, he has there are considerable chances of being protected by the Russian government. Of course, provided that in the country where he lives, he is in real danger, his democratic rights and freedoms are violated. From the FMS, the approved application will be sent to the Ministry of Foreign Affairs of Russia, the Ministry of Internal Affairs of Russia and the FSB of Russia, where it must also receive a positive conclusion. The regulations guarantee that documents will not remain in each instance for more than a month. And if everything goes smoothly, they will get to the Presidential Commission on Citizenship Issues and, finally, to the head of state.

— If political asylum is denied, the person may remain in the country as a refugee. This is what happens most often,” says Konstantin Poltoranin, head of the FMS press service. — To be completely frank, Russia has never yet provided political asylum. Why, it is difficult to say, we do not have the right to disclose any information about applicants.

The fact that Russia, unlike European countries, is in no hurry to take the suffering under its wing is nothing more than a matter of time, says the head of the Forum of Resettlement Organizations Lidiya Grafova.

“We just found ourselves one step behind, as always.” It’s good that they started talking about granting political asylum and issuing regulations, which means the system is working. It is not very clear, however, why make a secret of this, because this will only lead to unnecessary problems and misunderstanding. But, as Madame de Staël said, in Russia everything is a secret and nothing is a secret.

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.

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

The concept of political asylum

In essence, political asylum is the status of a foreign citizen or stateless person enshrined in the Constitution, the holder of which has the legal right to enter and stay on the territory of Russia.

The right to seek refuge in the territory of other countries due to persecution is assigned to every person in Art. 14 of the Universal Declaration of Human Rights, therefore the right to seek political asylum is given to foreigners by most constitutions of the countries of the world.

You need to understand that such political asylum in Russia is a guarantee for a foreigner that he will not be extradited to the authorities of the country of citizenship or residence (if he is stateless), even if that country has requested extradition.

Refusal of extradition due to this status in the UN interpretation cannot be considered an unfriendly act. However, at the same time, the holder of the status is assigned a list of responsibilities that he must fulfill unquestioningly: otherwise, this is fraught with the loss of the asylum granted.

The concept of political asylum should be distinguished from the concepts of temporary asylum and refugee status. While the latter two can be granted due to a well-founded threat of persecution on ethnic, national, linguistic, racial or other grounds or as a result of humanitarian motives, the first concerns exclusively political motives and social activities.

We encourage you to learn more about your temporary asylum status.

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.

Requirements for filing an application

To file an application with USCIS, you must follow these guidelines:

You must stay on the lands of the United States for no more than 12 months. If the period of stay exceeds the established period, then it is necessary to justify the impracticability of submitting the application within that period.
It is important to fly to America directly, that is, without visiting other transit countries.

Because then it will be necessary to tell the officer why the person did not ask for asylum in those countries in which he was located after leaving his homeland. In order to be guaranteed entry into the country, you can first obtain a regular American tourist visa.
It is required to collect the necessary package of documents, called a case, prepare all the evidence, and also file the case accordingly.

Application deadlines

You can apply for asylum in the United States within one year of arriving in this country. However, no more than this period. If for some reason a person submits an application after 12 months, then no one will consider his request.

Two indispensable factors

A foreigner who has two mandatory factors for this can obtain political asylum in the United States: subjective and objective.

A personal circumstance is a foreigner’s own view of the problem, his opinions, fears, concerns, worries about his life in his homeland, his story about what happened to him, etc.
An objective circumstance is documents confirming that a person was really oppressed in his native land, persecuted, etc.

That is, a foreigner can obtain asylum in America only if these two factors are met: he must fear and fear returning to his homeland and at the same time must support his fears with written material evidence.

Supporting documents

Before going to America to send documents, you should carefully prepare all the necessary papers.

As certification documents, a foreigner may submit the following documents to the relevant US authorities for possible asylum:

Testimony of witnesses, necessarily certified by a notary;
Notarized witness statements
Certificates from a medical institution, as well as from the police, showing that acts of violence were used against a person;
Copies of the person’s application to the prosecutor’s office or the police, copies of response letters from these authorities, certifying that the authorities are not doing anything to stabilize negative actions towards the person;
Various letters with intimidating text meaning;
Opposition party card;
Protocol of the arrest of a person, search of his home;
Photos of broken apartment doors, photos of a house being set on fire, etc.

This is not a complete list of what an alien may need to submit to have their application accepted in the United States.

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.

Documents to submit to Citizenship and Immigration Services

Necessary documents that must be collected in order to be able to file a petition for possible political asylum in the United States:

Application on Special Form I-589;
Two photographs (passport type);
The original story, written or translated into English;
Papers, photographs that substantiate the story;
A photocopy of the foreign passport of the applicant, as well as all family members who came with him and indicated in the application;
A photocopy of the marriage certificate;
Photocopies of children's birth certificates;
Notarized photocopy of the child's birth certificate
A statement from the applicant’s lawyer (if there is one), in which the specialist provides clear information that all the person’s conditions for obtaining asylum in the United States have been met. In this case, the lawyer must operate with excerpts from American laws.

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.

Peculiarities of granting asylum in Switzerland

You can apply for refugee status at the airport or at the border of the country.
If a person is given the go-ahead to enter, he is required to visit one of the reception centers for persons who have applied for refugee status within 24 hours.
After arriving at the reception center, identification of the person’s identity, biometrics, begins. The person is asked to tell in detail about the true reasons for his departure from his home country.
The case is then sent to the Federal Council for detailed analysis. The review period is usually 10 days. During this period, the foreigner is allocated temporary housing and provided with all the necessary conditions for a normal existence.
temporary housing for refugees
If the application passes the Federal Council's examination, the person will be sent to the canton, where repeated interviews will take place.
After the hearing, the case is transferred to the final organization - the Federal Council for Refugees. And after the verdict of the employees of this authority, the person receives political asylum in Switzerland or not.

Social support during the hearing

Since there may be several hearings and a long pause between them, Ukrainians, Russians and other foreigners receive support from various organizations throughout the entire period.

If a person does not speak the language, an interpreter will be provided free of charge for the duration of the hearing. A person can also take free courses to learn a foreign language;
While the case is pending, the foreigner is paid a monthly allowance of 1,200 Swiss francs (or approximately 750 US dollars);
This is what money looks like in Switzerland
During the consideration of the decision, the foreigner has the right to work in Switzerland. Such people in the country are provided with unskilled jobs;
A person can ask for medical care in Switzerland (free of charge).

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.