Applying for Asylum from the U.S. Government.

A person may seek permanent residence in the U.S. on the grounds that he or she faces persecution in his or her homeland. If the person is already in the United States, the person requests "asylum" status; if they are outside the U.S., they request "refugee" status.

In order to obtain status as a refugee, the person must prove that he or she has a "well-founded fear of persecution" on the basis of at least one of the following internationally recognized grounds: race; religion; membership in a social group; political opinion; or national origin. Refugees generally apply for admission to the United States in refugee camps or at designated processing sites outside their home countries. In some instances, refugees may apply for protection from within their home countries. If accepted as a refugee, the person is sent to the U.S. and receives assistance through the federal government.

A person who is already in the United States and fears persecution if sent back to his or her home country may apply for asylum in the U.S. by filing an application with the Immigration & Naturalization Service. Like a refugee, an asylum applicant must prove that he or she has a "well-founded" fear of persecution based on the same grounds, that is: race; religion; membership in a social group; political opinion; or national origin. In most cases, an individual must apply for asylum within one year of arriving in the U.S.

Presenting the Strongest Case for Asylum.

The key to success in applying for asylum from the United States is presenting your case in the strongest possible way to the United States Citizenship and Immigration Services (USCIS) or the immigration court. Immigration officers or judges who evaluate your case must try to determine if you are telling the truth and if the facts you present create a "well-founded fear of persecution" on the basis of your race; religion; membership in a social group; political opinion; or national origin.

You can increase your chances of success by preparing the documentation for your case very thoroughly. In my experience, the most significant way to help your case is to submit documents to prove the facts you say are true. 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.

At the interview, USCIS 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. If they cannot attend, witnesses can submit statements in support of your case. Statements must either be in English or translated. 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. You can also 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.

The most common reason for denial of asylum applications is that the USCIS 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. Always tell the truth because, first it is illegal to lie to the USCIS to support your case, and second, it often leads to inconsistencies in your story which actually damage one's case.

Proving your Case for Asylum in the U.S. (former USSR)

The deadline to file asylum claims in the U.S. is one year after your last arrival to the U.S. There are exceptions to this one-year deadline, but they are not easily proven. It is important to get good legal advice and consider your eligibility for asylum before the one year anniversary of your coming to the U.S.

For those who file within the one year deadline, it is still quite possible to obtain asylum or refugee status from the U.S. government if one can prove a well-founded fear of persecution in your home country. Some examples of persons who can present credible arguments for asylum are:

• Persons who are members of a religious minority in Russia such as Pentecostal Christians, Baptists, Jews or Muslims.
• Persons who are members of a religious minority in the Muslim republics of USSR such as Russian Orthodox, Pentecostal Christians, Baptists or Jews.
• Members of an ethnic minority such as ethnic Jews, Chechens, Yakuts, Tatars, Tajiks, Uzbeks or other minority groups living in Russia.
• Ethnic Russians living in one of the former republics of USSR other than Russia, including Uzbekistan, Kyrgystan, Tajikistan, Kazakhstan, Armenia, Georgia, or even the Ukraine.
• Persons who are targets of persecution on account of political activity in their country, including their defense of minority rights or reporting corruption or other political activism.
• Women from Muslim republics who would be persecuted for their non-acceptance of conservative Muslim dress and conduct.

There are many sources of documentation of mistreatment and persecution of the above groups available through the Internet and from other sources. Organizations such as Amnesty International, Human Rights Watch, Union of Counsel for Soviet Jews, International Christian Concern can provide documentary support for one's arguments that he or she would be persecuted in their home country. Give the USCIS this documentation; it will strengthen your case.

Document your case with statements from witnesses or certified records from your home country. Be detailed about the nature of your family's persecution. In specific terms, describe interrogation, threats, attacks, beatings, torture, arrests, harassment, vandalism, other abuse. Include dates and places. Mention any other problems you have had with the government authorities which you believe are related such as problems with the police, difficulties on the job, terminations of employment, loss of an apartment or difficulties being accepted to schools.

Finally, it is important to always tell the truth. Lying or stretching the truth with an asylum officer or judge only jeopardizes one's case. One's credibility is the most important factor an USCIS officer or judge use in determining one's eligibility for asylum.

Winning Political Asylum for Immigrants from the Former Soviet Union.

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 USCIS 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 USCIS 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 USCIS 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 USCIS 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 USCIS has a well-trained staff who only conduct asylum interviews. The confidential interviews are conducted by one USCIS 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 USCIS 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 USCIS 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. USCIS 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, USCIS 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 USCIS 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, USCIS 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 USCIS that this warrants a grant of asylum with a well-organized, documented and truthful presentation of one’s case to an USCIS officer or judge.

Christians From CIS Countries Often Entitled To Asylum.

Non-Orthodox Christians such as Pentecostals, Baptists, Seventh Day Adventists and other denominations are widely unpopular throughout the former Soviet Union and often subject to persecution. Although it has become harder for them to obtain refugee status from the U.S. government in Russia., they can obtain asylum from the US Government here in the U.S.. Some persons who were denied refugee status in Russia may still apply for asylum once in the U.S. on the grounds that they have new evidence or facts supporting their application. These applications can be supported by documents from organizations such as Christian Concern, the Keston Institute, Human Rights Watch, and Amnesty International which have reported the unacceptable conditions for non-Orthodox Christians living in the former Soviet Union.

To obtain asylum in the U.S., an applicant must prove a "well-founded fear of persecution" if they are returned to their home country. The Courts have said that "persecution" may include physical attacks, beatings, imprisonment, interrogation, loss of job and loss of housing, among other things.

The Lautenberg Amendment, a statute passed by the U.S. Congress, states that Jews and Evangelical Christians from the former Soviet Union, shall be presumed to be eligible for asylum/refugee status. First enacted in 1989, the Lautenberg Amendment requires that the historical persecution of among other Soviet Jews, be considered when evaluating individual applications for refugee status. The Lautenberg Amendment can likewise be used to support asylum claims by Jews and Evangelical Christians here in the United States. Under this legislation, a category applicant may establish a well-founded fear of persecution by asserting a fear of persecution and asserting a credible basis for concern about such fear.

In a recent case decided by one of the highest courts in the country, the Ninth Circuit Court of Appeals, Korablina v. USCIS, the federal appeals court defined persecution as "the infliction of suffering or harm upon those who differ (in race, religion, or political opinion) in a way regarded as offensive." In addition, "acts of violence against a petitioner's friends or family members may establish a well-founded fear of persecution." Persecution may be found by cumulative, specific instances of violence and harassment toward an individual and his family members, not only by the government, but also by a group the government declines to control.

In Korablina, for example, the applicant testified that she witnessed repeated violent attacks and experienced one violent attack herself. She presented evidence of widespread harassment and violence by Ukrainian ultra-nationalists against religious minorities. In addition, she testified to having been robbed and attacked, tied to a chair with a noose around her neck and threatened with death. This incident resulted in medical treatment for shock and a concussion. She also testified that because she was not Orthodox she was refused admission to the university of her choice, encountered obstacles to career advancement, and finally lost her previous job when the department was taken over by an ultra-nationalist boss. Considering the totality of the evidence, the Court felt Korablina had met her prima facie case of persecution, entitling her to asylum and withholding of deportation.

Our experience is that, in cases decided here in San Francisco and Northern California, persons who can document similar harassment and abuse on account of their Christian background can qualify for asylum.

Many Jews from Former USSR Still Have Strong Case for Asylum.

Because many Jews are still the target of prevailing anti-Semitic attitudes throughout Russia, they can often still make a strong case for receiving asylum from the US Government. These prevailing attitudes towards Jews by ultra-nationalistic groups are often supported by government authorities. Anti-Semitic groups are popular throughout Russia. Many organizations-- including the Union of Councils for Soviet Jews, Human Rights Watch, and Amnesty International and even the US Department of State- have reported that conditions for Soviet Jews are unacceptable by basic human rights and torture co nventions.

Throughout Russia, the anti-Semitic attitudes remain the same. According to a recent issue of the Russian newspaper Izvestiya, " Antisemitism in the Russian provinces is gradually becoming as customary and trivial as a foreign made cars on the roads and computers in people's apartments." Jewish centers and synagogues have increasingly become targets for anti-Semitic attacks. Skinheads play a large role in spreading antisemitism throughout Russia. Between two and five thousand skinheads live in St. Petersburg, with many more neo-fascist groups on the rise all over Russia. The most violent and largest of all the neo-Nazi groups, the Russian National Unity (RNU), actively recruit youths and distribute antisemitic information at local schools and community centers. They have mounted joint patrols with police in major provincial cities while local mayors publicly voice support for this violent hate group.

To obtain asylum in the U.S., an applicant must prove a "well-founded fear of persecution" if they are returned to their home country. In a recent case decided by one of the highest courts in the country, the Ninth Circuit Court of Appeals, Korablina v. USCIS, the federal appeals court defined persecution as "the infliction of suffering or harm upon those who differ (in race, religion, or political opinion) in a way regarded as offensive." In addition, "acts of violence against a petitioner's friends or family members may establish a well-founded fear of persecution." Persecution may be found by cumulative, specific instances of violence and harassment toward an individual and his family members, not only by the government, but also by a group the government declines to control.

In Korablina, for example, the applicant testified that she witnessed repeated violent attacks and experienced one violent attack herself. She presented evidence of widespread harassment and violence by Ukrainian ultra-nationalists against Jews. In addition, she testified to having been robbed and attacked, tied to a chair with a noose around her neck and threatened with death. This incident resulted in medical treatment for shock and a concussion. She also testified that because she was Jewish she was refused admission to the university of her choice, encountered obstacles to career advancement, and finally lost her previous job when the department was taken over by an ultra-nationalist boss. Id. Considering the totality of the evidence, the Court felt Korablina had met her prima facie case of persecution, entitling her to asylum and withholding of deportation.

Our experience is that, in cases decided here in San Francisco and Northern California, persons who can document similar harassment and abuse on account of their Jewish background can qualify for asylum.

New Repressive Law in Belarus May Justify Asylum Claims.

On October 2, the Belarusian parliament adopted controversial amendments to the country's religion law that may provide a basis for asylum claims by Belarusian Christians here in the U.S.

The repressive law would outlaw unregistered religious activity, require compulsory prior censorship for all religious literature and ban foreign citizens from leading religious organisations. Publishing and teaching of religion would be restricted to faiths that have ten registered communities, including at least one that had registration in 1982. Plus, there would be a ban on all but occasional, small religious meetings in private homes. The bill was supported by President Aleksandr Lukashenko and is expected to sign it into law.

Article 16 of the new law provides: "Religious organisations are subject to compulsory state registration." Article 25 defines where religious events can take place, identifying places of worship and property belonging to them, other places "provided to religious organisations", places of pilgrimage, cemeteries and crematoria. "Religious rites, rituals and ceremonies may be held in homes of citizens in cases of necessity and at their request, under the condition of observing the rules of communal living and social order, as long as they are not of a mass and systematic nature," the article continues. Open air services can only be held with special permission from the local authorities. Services can only be held in prisons, hospitals and the army at the request of citizens in these institutions.

After it becomes law, all religious organizations in Belarus will then have to undergo compulsory re-registration over the next two years and bring their statutes into line with the new law. Many will likely find it difficult to register and their adherents will face fines or worse punishments if they practice their faith in the meantime.

The law is considered to be the most restrictive limitations on religious freedom in Europe. In recent years, the Belorusian government has continued to limit freedom of religion, particularly as it applies to Pentecostals and Baptists. Unwarranted threats and arrests of religious leaders are rampant. The government has also denied registration of Christian faiths it does not accept. This is substantiated in the reports from independent organizations such as Amnesty International, Human Rights Watch, the Keston Institute of London, England and the International Christian Concern of Washington D.C. This documented history, based on the independent reports of private organizations, shows a long-term pattern of persecution of Christian religious leaders in Russia.

Because of this new repressive law, persons from Belarus who are Pentecostal Christians, Baptists and other non-Orthodox Christians may have a justifiable claim for asylum in the U.S.

Even the U.S. Congress has condemned the new law and recognized the persecution of Christians in Belorusia. This new condemnation, combined with the previous Lautenberg Amendment acknowledging the persecution of Christians in the former Soviet Union generally, may build a strong presumption that Pentecostal and Baptist Christians from Belarus can establish a risk of persecution on account of their religion.

If a person from Belarus can show he belongs to this class of individuals - the non-Orthodox Christian religious minority in Belarus- he may have a good case for asylum.

New Repressive Law Proposed In Ukraine May Justify Asylum for Ukrainian Christians here in U.S.

A Committee of the Ukrainian Parliament has supported a repressive bill limiting the freedom of worship and religion in the Ukraine. If the Ukrainian parliament adopts the controversial religious law, that may provide a basis for asylum claims by Ukrainian Christians here in the U.S. Persecution and harassment of Ukrainian Baptists and Pentecostals is widespread; soon it may be supported by law.

Christian churches of Ukraine have addressed the Ukrainian Parliament and asked them to not support the proposed law for the reason that it limits freedom of worship. However the position of the Ukrainian churches on the given question actually was ignored by the Ukrainian People's Deputies. The Parliament is under strong pressure from the State committee of Ukraine on affairs of religions. Seven of ten deputies on the committee voted in support of the bill. Soon, the bill will be considered at a plenary session of the Ukrainian Parliament.

The proposed law would constitute an enormous reversal of present policy governing freedom of religion in Ukraine. Approval of the bill could result in irreversible consequences and significant deterioration of religious freedom. Because the new law expands opportunities of the authorities and officials at their own discretion to interfere with lawful activity of the religious organizations, this comprises a real threat for Christians in Ukraine.

If adopted, this new repressive law would open the door for persons from Ukraine who are Pentecostal Christians, Baptists and other non-Orthodox Christians to present a justifiable claim for asylum in the U.S. The persecution of Ukrainian Christians is well-documented. Now if supported by law, the argument for asylum becomes even stronger. If a person from Ukraine can show he belongs to this class of individuals - the non-Orthodox Christian religious minority in Ukraine- he may have a good case for asylum.

Asylum for Individuals Fearing Gangs in Central America

Asylum for Individuals Fearing Gangs in Central America
One of the most controversial areas in asylum law today concerns claims based on fear of persecution of the powerful maras in Honduras, Guatemala and El Salvador. Immigration judges across the country are deciding these cases very differently, but a few are granting asylum in these cases. This article will give a general introduction to this emerging topic.

You should see a qualified immigration attorney before proceeding with an asylum case or any other type of application to Citizenship and Immigration Services (“CIS”) because you risk removal from the U.S. if you lose your case.

How did the problem of maras start in Central America?
Today’s powerful maras actually began in the U.S. The violent gang MS-13, or Mara Salvatrucha, first surfaced in Los Angeles over 20 years ago when Salvadoran immigrants formed their own gangs in response to the Mexican-American gangs in their neighborhoods. Once El Salvador’s civil war ended in 1992, the U.S. began deporting Salvadorans, many of them gang members.

Now MS-13 is well-established in the U.S. and Central America. MS-13 and its rival, the 18th Street Gang, or Mara 18, both engage in crimes ranging from drug trafficking, racketeering and kidnapping. The maras reign of terror has caused many people to flee their homes fearing gang violence, particularly due to the maras brutal and relentless recruitment of young people.

How do I make my case for asylum?
The U.S. gives asylum to people already in the U.S. who have experienced past persecution or have a “well-founded fear” of future persecution because of their race, religion, nationality, political opinion or “membership in a particular social group.”

First, you must show that the bad things that happened to you equal persecution. It is very important to be as specific as possible.

Second, you must link the bad things that happened to you to one of the five bases for asylum. It’s not just enough that bad things happened to you. You must show that it was because of your political opinion or race, for example. In cases based on fear of gangs, you could try to show that your refusal to join a gang was a political opinion that caused you to be followed, threatened, beaten up and tortured. Since this is a relatively new area of law, it is very important to work with your attorney to make as many credible arguments as possible.

Third, you must show that the authorities in your country are not willing or not able to protect you. The Salvadoran and Honduran governments have passed strict laws against gangs recently, but those laws have not seriously addressed the problem. You need to show that the police and other government officials have not and will not help you.

It is difficult to prove a case for asylum due to fear of persecution from a gang because judges are afraid that giving one person asylum for this reason means that they will have to give asylum to thousands and thousands of people. So it is really important to show why your case is specific and unique. For the same reason, it is also important to try and provide as many documents as possible backing up your story.

What if I used to be in a gang?
If you used to be in a mara, you could face an uphill battle trying to get asylum. The government will try to argue that you are a persecutor yourself, so cannot receive asylum. However, there are ways to address this argument. For example, maybe you were forced to commit bad acts. Or maybe you have removed all of your gang tattoos, showing that you really no longer have anything to do with the gangs, so you aren’t a risk. There may be other ways around this problem. You should discuss them with an attorney.

What if don’t qualify for asylum for some reason? There are many reasons that someone with a real fear of returning to their country may still not be able to get asylum. For example, U.S. law requires individuals to file for asylum within one year of entering the country. If you do not file on time or show an exception explaining why you filed more than a year after your arrival, you will not be able to receive asylum. Also, you may not be able to receive asylum if, as noted in the previous section, the government finds that you persecuted others.

In these and other cases, you may still be able to stay in the U.S. based on protection under the Convention Against Torture. CIS cannot grant this to you. Only an immigration judge can give you this relief. This means that you will have to be in removal proceedings to be eligible for this relief. Applying for asylum based on fear of persecution from a mara is not a sure thing. However, for a few people, it could be their only chance once they are put into removal proceedings.