These are bitter times if you live and work in Russia. If you reside in the country and are seeking Russian asylum in the U.S., you need to consult with a Russian immigration attorney. The U.S. court will not appoint an attorney for asylees, so you need to find a lawyer to handle your case.
The Process of Seeking Russian Asylum in the U.S.: How an Attorney Can Help
Applying for asylum from Russia is a difficult process. It is both complicated and intricate. Again, get in touch with a lawyer who can help you navigate the U.S. immigration system and speaks both Russian and English. Taking this step will get you through the Russian asylum process more easily.
Applying for Asylum
There are three paths that an immigration lawyer can use to help you get asylum. To make a request, you can either adopt an affirmative or defensive tack or ask for an expressed process. Let’s look at the differences between these methods.
1. Affirmative Asylum
Anybody who is not currently the subject of a removal process may file an affirmative asylum claim with U.S. Citizenship and Immigration Services (USCIS). Requests from “unaccompanied children” who are the subject of an ongoing removal process are also accepted (USCIS).
This operation is carried out under the supervision of the Department of Homeland Security (DHS).
The US Citizenship and Immigration Services (USCIS) will refer a case to an immigration court for removal proceedings if the asylum seeker’s petition is refused.
If this happens, the person may reapply for asylum, claiming, this time, that they were unfairly denied protection.. This paves the way for them to file a defensive asylum application.
2. Defensive Asylum
Those facing deportation proceedings have the option of seeking defensive asylum. In the United States, a claim is submitted to a judge at the EOIR (Executive Office for Immigration Review) of the Justice Department (DOJ).
If a defensive asylum request is approved, an applicant can escape removal. The EOIR won’t appoint counsel if you don’t have one, so you’ll need to receive help from a Russian-speaking immigration attorney.
3. Expedited Asylum
Officials from USCIS started using a faster, more simplified process to evaluate asylum requests in 2022. The term “expedited asylum” describes the new approach.
Detainees seeking asylum for fewer than 14 days can request expedited processing. If an asylum seeker from Russia is refused, the immigration court will move forward with deportation
The Asylum Process: An Overview
You will probably have to go through the defensive or expedited asylum process if you arrive at a point of entry or are already inside the country.
A petitioner must appear in person at a U.S. port of entry to use any of the three asylum processes. The burden of proof rests squarely on the asylum applicant. Therefore, U.S. officials typically look for one piece of evidence to help them make a judgment, such as proof that the applicant faced bias, discrimination, or legal repercussions based on their background, gender, or religion. Therefore, an asylee must provide evidence that they were persecuted or otherwise endangered in their own country.
Why Your Asylum Application May Be Denied
Russian immigrants may be denied asylum for one of two main reasons. If the asylee fails to file a request before the end of a year, they can be denied.
Also, if the asylee is shown to be a danger to national security, they won’t be able to receive asylum. This may happen if an applicant committed a serious crime or persecuted others.
Reasons for Processing Delays
Submission of an asylum claim in the United States requires careful adherence to the government’s requirements. Your application will be held up otherwise.
For example, you may have to wait a long time for asylum approval if the following occurs:
- Requesting to have your asylum case moved to a new office or interview venue.
- Putting in a request after putting off an interview.
- Being absent from a biometric screening.
- Neglecting to appear for an interview requiring an interpreter
- Failing to back up an assertion with appropriate evidence.
- Delivering a mountain of paperwork the day before an interview is scheduled.
- Failure to appear in person at an asylum hearing. (It may also affect your ability to get a work visa in the United States.)
Receiving Approval
You’ll have the best chance of getting approved for asylum if you can prove that the persecution or threat you experienced resulted from a bias toward race, nationality, religion, or membership in a political organization or social group.
Contact a Lawyer at the Rijal Law Firm Right Away
You should not risk your rights as an asylee by going it alone or hiring the wrong legal counsel. Instead, you need to seek the advice of an established immigration lawyer – someone who is well-versed in Russian asylum and the process.
Whether you plan to work in the United States temporarily or permanently, it’s important to be prepared for your arrival. Contact the Paniotto Law Firm to schedule an appointment today.