If you’re from Russia and have been detained at a port of entry, or wish to seek asylum in California in the U.S., you probably have several questions – questions that only a lawyer can answer. That is why, when you find yourself in this situation, it is important to seek legal counsel through a Russian-speaking immigration attorney in Los Angeles.
How a Russian Speaking Immigration Attorney in Los Angeles Can Help You
Seeking Russian asylum is not a simple process. It is both complicated and involved. Therefore, you need to speak to an attorney who speaks both Russian and English – someone who understands your concerns and what you’re up against.
You Can Ask for Asylum in One of Three Ways
Lawyers can help you gain asylum by following one of three processes. These methods for application fall under an affirmative, defensive, or expedited procedure. Let’s look at how these processes differ.
1. Affirmative Asylum
A person who is not in removal proceedings, or an individual who is classified as an “unaccompanied child,” if in removal proceedings, may request affirmative asylum through the U.S. Citizenship and Immigration Services (USCIS). This division is part of the Department of Homeland Security (DHS).
If the USCIS denies the asylee’s application, their case is transferred to removal proceedings in the immigration court. If this happens, they can reapply for asylum using the defensive process.
2. Defensive Asylum
When a person is facing removal proceedings, they can apply for defensive asylum. This claim is made to an immigration judge in the Executive Office for Immigration Review (EOIR), a part of the U.S. Department of Justice (DOJ).
To avoid being removed, asylum using the defensive method may be granted. Therefore, it’s important to work with a Russian-speaking immigration attorney in Los Angeles, as the EOIR will not appoint counsel if you don’t have legal support.
3. Expedited Asylum
Starting in 2022, a new process, expedited asylum, allows a USCIS officer to review and decide on an asylum claim before the applicant is required to go through formal removal proceedings.
The expedited process applies to individuals detained within 14 days of U.S. entry. Those who seek Russian asylum through this process, and who are turned down, are sent to the immigration court for removal proceedings
In general, anyone seeking asylum who arrives at a point of entry or enters the country unchecked must use the defensive or expedited asylum process. An applicant for asylum must be present, in person, at a U.S. port of entry to take advantage of any of the three application processes.
The onus is on the asylum seeker, with or without legal representation, to demonstrate that they fit the criteria for being considered an asylee.
Therefore, an individual seeking asylum must show that they either previously experienced persecution or that they currently have a “well-founded fear” of persecution in their native country. The decision of a person’s eligibility for asylum frequently depends on this crucial piece of evidence. Factors that Prevent People from Obtaining Asylum
Some factors may prevent Russian immigrants from receiving asylum.
Failing to Meet the Deadline
Those who fail to request asylum within a year of entering the United States will not be eligible for the protection.
In 2018, a federal district court stated that the DHS must inform applicants of the one-year deadline when entering the U.S.
Threats to National Security
Similar restrictions apply to applicants that the U.S. determines to be a threat to national security – who have committed a “very serious crime,” or who have, themselves, persecuted others.
Events that Lead to Delays in Processing Applications
You need to make sure you follow all the rules when submitting an application for asylum in the U.S. Otherwise, you can experience delays in what can prove to be a lengthy process.
For example, the following events can prevent you from getting approved in a timely manner:
- Requesting the transfer of a case to another asylum office or interview site.
- Asking for a later interview time.
- Not appearing at a biometrics appointment or scheduled interview.
- Failing to have an interpreter (if required) at a scheduled interview.
- Not providing enough evidence to support an application.
- Submitting a large amount of evidence right before a rescheduled interview.
- Failing to appear in person (if required) for an asylum decision.
If you are required to acknowledge an asylum decision in person, and you don’t appear, it may lead to problems with receiving an employment authorization card to work in the U.S.
Therefore, hiring an attorney can help you prevent a lot of problems with respect to filing and receiving sanctions for living and working in the U.S.
Speak to a Russian Speaking Immigration Attorney in Los Angeles Right Away
Are you from Russia? Have you experienced persecution or do you fear persecution if you return to your country?
If so, don’t delay in seeking the needed immigration help. Contact a Russian-speaking immigration attorney in Los Angeles. Call the Paniotto Law Firm today at 213-534-1827 for an immediate consultation.