Posted 20 марта 2023,, 08:48

Published 20 марта 2023,, 08:48

Modified 20 марта 2023,, 08:56

Updated 20 марта 2023,, 08:56

Lawyer: Possible mobilization is not a reason for obtaining asylum in the United States

Lawyer: Possible mobilization is not a reason for obtaining asylum in the United States

20 марта 2023, 08:48
Юлия Николаева
The expert warns that without sufficient grounds, the American authorities will refuse to grant asylum.

Not so long ago, the Russian media reported a wave of panic that rose among Russians who fled from partial mobilization and managed to enter the territory of the United States to apply for asylum there. The panic is connected with the message of one of the American immigration lawyers that one of her Russian clients has been deported. Journalists filed this news under the sauce "the Biden administration is secretly deporting Russians despite the promise to provide protection to people fleeing from mobilization".

The American lawyer Yulia Nikolayeva explains the situation in her blog:

"Firstly, the Biden administration has never declared special protection for this category of Russian refugees, emphasizing that those fleeing mobilization have every right to apply for asylum in the United States on general grounds and that their cases will be considered within the framework of general asylum legislation.

Secondly, competent immigration lawyers have never considered that the probability of mobilization in itself is a sufficient reason for asylum, only coupled with other circumstances. If your lawyer says otherwise, run away from him.

Thirdly, the media that trumpeted about the deported young man forgot to report one small nuance - he was not captured on the street and was not sent back to Russia without any proceedings. The man was in an immigration detention center, where he was placed after crossing the Mexican border. A preliminary interview was conducted with him about the reasons why he left Russia (credible fear interview), during which the immigration officer concluded that in itself only the probability of mobilization does not constitute a sufficient basis for asylum (which is not any news). The immigration officer's findings were appealed to the court, which agreed with the officer, which automatically entails a decision on deportation.

So what really happened? Only what was known from the very beginning was confirmed - one mobilization, or rather its probability, is not a reason for asylum in the United States. All procedural norms were observed, nothing unexpected or supernatural happened.

If you are not in an immigration detention center and you have not had a negative finding of credible fear (English: a negative conclusion about the reliability of your fears) - this example has absolutely nothing to do with you and you have nothing to worry about.

In other words, if you are at large and in the process of applying for asylum or in the process of waiting for a court hearing, even preliminary (Master Calendar hearing), even individual (Merits hearing) - this situation does not apply to you.

So choose your lawyer more carefully..."