The process of applying for political asylum in the U.S. is still a
viable method for obtaining permanent residence in the U.S. for persons from the
former Soviet Union, but one’s chances of success can be greatly increased if some
simple rules are remembered.
“Political asylum” is a status bestowed by the
INS upon individuals who can prove that they have a well-founded
fear of future persecution on account of their race, ethnic
group, religion, political opinion, gender or social group.
One can also obtain asylum, in the discretion of the INS officer
or court, if it is found that he or she has suffered severe
past persecution on one of these grounds. The applicant’s
moral character can be considered but is not nearly as important
as proving a significant risk of persecution if the
individual is returned to their home country.
The immigrant has one year to apply for asylum upon entering the U.S.,
or else must show extraordinary circumstances prevented a timely application.
The process starts with an application sent to the INS office in
Nebraska, which is the central receiving location for asylum applications. If the
applicant lives in the Bay Area, the file is then sent to the INS asylum office at
75 Hawthorne St., San Francisco. Within approximately two months after applying,
the applicant is usually given an interview. The interviews are held at the Hawthorne
St. office and typically last about one hour. The INS has a well-trained staff who
only conduct asylum interviews. The confidential interviews are conducted by one INS
officer, who then makes a recommendation to his superior to either approve or deny the
application. Usually, a decision is made on applications two weeks after the interview.
If the application is approved, the immigrant is entitled to stay in the
U.S. and obtain similar “asylee” status for their spouse and minor children. In one
year, the successful applicant can apply for permanent residence.
If an asylum application is denied, the case is “referred” to
Immigration Court. That process can take from two months to 18 months, depending upon
the judge’s caseload and other factors. There will be a final court hearing where the
applicant will be allowed to present evidence and testimony again in support of their
case. The immigration judge usually makes a decision at the conclusion of the hearing.
If the judge denies the case, the applicant can appeal to the Board of Immigration
Appeals, and then to the U.S. Court of Appeals for the Ninth Circuit. These appeals
are often denied, but the appeal process can take up to five years or even more.
During this process, the applicant is permitted to remain legally in the U.S. and
their time waiting is not considered time “out of status” for purposes of the law
penalizing persons out of status in the U.S.
Persons from the former Soviet Union may have a very good chance of obtaining
asylum if they follow some common-sense rules about the process:
- Always tell the truth. The most common reason for
denial of asylum applications is that the INS officer
or judge simply does not believe the applicant. One’s
hopes of winning asylum are much better if there are not
inconsistencies in one’s facts. Making up facts or dates
is a bad idea because, first it is illegal, and second,
it often leads to such inconsistencies which damage one’s
case.
- Remember the reasons for INS granting asylum: persecution
on account of race, ethnic group, religion, political
opinion, gender or social group. It does not help
an asylum applicant to emphasize other legitimate reasons
for wanting stay in the U.S. such as economic problems
at home, family or a job here in the U.S., etc. Focus
on proving persecution on account of one of the stated
grounds.
- Support your arguments with documentation. In
my experience, the most significant way to help your case
is to submit documents to prove the facts you say are
true. INS officers see so many cases where people contend
to be afraid to go back home on account of bad things
that happened to them in the past. The applicant who presents
translated records which document these facts stands out
among the many applications which are supported by nothing
more than the individual’s word.
- Include statements from witnesses including family
and friends. At the interview, INS officers usually
don’t want to hear from witnesses. But you can submit
statements from them corroborating your case. At the immigration
court, these persons should be ready to testify if they
are available.
- Statements from witnesses back home can be particularly
powerful evidence. Witnesses in the former Soviet
Union can sign and fax back simple statements about persecution
they witnessed. Statements must either be in English or
translated. It usually makes a positive impression on
an INS officer who sees that persons back home have gone
to the trouble and risk to sign such statements on your
behalf.
- Letters from Institutions can also be strong evidence.
Try to obtain letters or statements from institutions
that corroborate your arguments about persecution such
as synagogues, churches, political organizations, ethnic
organizations, etc. If these institutions know of the
applicant and his past problems at home, these facts should
be described in detail.
- Persecution of ethnic or religious minorities can
be documented with materials from international organizations,
journals or even the Internet. It is well-known among
the Russian community here that Jews and other religious
and ethnic minorities in Russia are targets for persecution,
as are these groups and Russians living in other republics
of the Soviet Union such as Uzbekistan, Kyrgistan and
Armenia. However, INS officers are not as familiar with
these political conditions as are emigres. Help your case
by presenting documentation on the persecution of minorities
such as yourself distributed by many organizations and
news media and widely available on the Internet and elsewhere.
We all know that persecution on the basis of religion,
ethnic group and political opinion continues in Russia and
other republics of the former Soviet Union. One can
convince the INS that this warrants a grant of asylum with
a well-organized, documented and truthful presentation of
one’s case to an INS officer or judge.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737. |
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