LawState and Law

Can I get political asylum in the US

Political asylum in the United States, as in other states that have signed the Convention on the Status of Refugees, is granted to persons who fall under the definition of "refugee". The first article of this international document clearly and unequivocally indicates that it is a person who is outside his country who has been a victim of persecution by the state or who has reasonable fears of becoming such a victim. Now consider what is hidden behind this dry legal text.

What can we learn from this formulation? First, only a person physically located in the United States can receive political asylum in the United States. During the persecution of Soviet dissidents, there were cases when shelter from persecution was given directly at the embassy of foreign states in Moscow, but now is not the time. To apply for refugee status in the immigration service, you need to stand on American soil with both feet. This means that his feed at the airport on a neutral strip can be rejected.

It does not matter what type of visa you have entered the country. It is important that you apply for political asylum in the United States before the expiration of your year of residence in the US territory. Otherwise, the immigration official will have a completely legitimate question: "Where were you before?". But here you can prove your rightness. Let's say you came on a student visa, and more recently the circumstances in your state have changed. Now you are simply afraid to return to your country for fear of becoming a victim of serious human rights violations.

So, political asylum in the US can be granted both on the basis of past persecution, as well as reasonable and reasonable fears to face them in the future (future persecution). Therefore, it is not at all necessary to personally be a victim of persecution and provide scars from the tortures that have been carried out as evidence. It can be demonstrated that you are most likely to be persecuted by the state, since repression has already affected people who are similar to you by some parameters.

What are these criteria for applying for asylum in the US? It belongs to a religious or national minority, as well as an active but non-violent expression of their opposition political views. Also refuseniks from the army have a chance to receive refugee status, if alternative military service is not introduced in the country of origin, or representatives of sexual minorities - again, if in your area criminal or some other punishment for non-traditional sexual orientation is introduced.

How to get political asylum in the US? Despite the apparent simplicity, it is quite difficult. After all, the entire evidence base lies on the shoulders of the immigration service, and the refugee status applicant. It is up to him to provide reliable arguments, why it is dangerous for him to return to Russia or other CIS countries. Before you go for a cherished status in America, you should take care of collecting the necessary documents. They can be the following: membership card of an opposition party or non-governmental organization, a letter from the leader of your religious community, calls to the prosecutor's office or the police, medical evidence of the beating or torture carried.

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