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Russian President Vladimir Putin’s invasion of Ukraine in February 2022 has led to the largest humanitarian crisis in Europe in decades, including extreme disruption and political turmoil within Russia. The conflict has forced not only Ukrainians, but also Russians, to leave their home country, seeking safe haven in another nation. Most recently, the implementation of President Putin’s
mobilization order has catapulted a mass exodus of Russian nationals.
Russian nationals who are currently in the United States and fear returning to their home country may be eligible for asylum, a form of immigration relief that provides a pathway to lawful permanent residency (a “green card”) and ultimately,
U.S. citizenship. An individual’s family members, including a spouse and children, may also be included in an application for asylum..
To qualify for asylum, an individual must 1) be physically present in the U.S, 2) submit an application for asylum prior to the one-year deadline, and 3) meet the definition of a refugee. According to the Immigration and Nationality Act (INA), a refugee is firstly any individual presently outside of their country of nationality, or in the case of an individual holding no nationality, outside of the country in which they habitually resided. Secondly, this individual must be unwilling or unable to return to such country due to persecution or a well-founded fear of persecution on the basis of at least one of the following grounds:
In the context of a mandatory draft, which many Russian nationals are experiencing, the fear of returning to Russia on the sole basis of the enforcement of the draft would not be sufficient to meet the criteria for asylum. The applicant must have experienced persecution in Russia or possess a credible fear on account of one of the five grounds enumerated above, and be positioned to provide copious evidence of the previously suffered persecution or credible fear.
For specific guidance, please consult with a U.S. immigration attorney as the support of an experienced immigration lawyer is critical to the success of an application for asylum. To request a consultation, please contact our office at 704-243-8178 or info@oaklg.com
This article does not constitute legal advice, nor create an attorney-client relationship between the reader and the firm.
Call 704-243-8178 or contact us online to see how we can help defend you.
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