Last time, we talked about contacting the Asylum Office to expedite a case that had not yet been interviewed. Here, we’ll discuss what to do when your case has been interviewed, but the decision is delayed. (more…)
Let’s imagine a not-so-hypothetical scenario: You filed for asylum at the Asylum Office, and your case has been pending for years without an interview. Or here’s another one: You finally had an interview at the Asylum Office, but you have been waiting months or years without a decision. Today and in an up-coming post, we’ll talk about the most effective ways to make an inquiry in these situations. (more…)
In the late 1990s, I was a law clerk in the Arlington, Virginia Immigration Court. My most memorable case involved a wealthy Russian businessman named Alex Konanykhin and his wife, Elena Gratcheva. Mr. Konanykhin made his fortune–around a quarter billion dollars–in the Wild West of post-Soviet Russia, but was then chased from his country by former KGB agents and criminals intent on stealing his money. The Individual Hearing that I attended took a full week, which is almost unheard of in Immigration Court. Mr. Konanykhin’s attorney was the legendary Michael Maggio, who I got to know a bit during the trial. My role was to sit in the courtroom and take notes. After the hearing, I helped the Immigration Judge write up the decision granting asylum.
There was more to this case, including an appeal to the BIA, improper behavior by several U.S. government officials that resulted in a $100,000 payment to Mr. Konanykhin, an unsuccessful attempt by the couple to evade border authorities and enter Canada, and several different federal court cases. When the dust finally settled from this ten-year odyssey, Mr. Konanykhin received asylum in the U.S. (around the same time, his wife–who was a dependent on his case–passed away). (more…)
Last week, Vladimir Putin and his supporters launched a vicious and unjustified war against Ukraine. The war is an act of mass murder and terror against the people of Ukraine. Given Mr. Putin’s history of oppression at home and violent interventions abroad, there is little reason to be optimistic about how (or when) this war will end. And of course, there is a real danger that the situation will escalate into something much larger.
It is unclear how much support the war has from ordinary Russians. Perhaps many within Russia have been misled by “President” Putin’s propaganda machine, which has repeatedly and falsely accused the Ukrainian government of persecuting Russian speakers in Ukraine, and which has painted the war in terms of Russia standing up to the West. While Mr. Putin’s popularity seems to have increased before fighting started, there are signs that many Russian’s are not buying what he is selling. Indeed, protests have continued throughout the country despite a government crackdown.
And what of Russians living abroad? They are less likely to be swayed by Mr. Putin’s false propaganda, as they have access to more reliable sources of news. My sense is that most Russians in the diaspora oppose the current war.
In this post, I am interested in a specific sub-set of Russians living outside their country: Diplomats and other government employees. If such people defect to protest the unjust war against Ukraine, would they be eligible for political asylum or some other relief in the United States? (more…)
Due to the pandemic, many Immigration Court hearings now take place via WebEx, which is similar to Zoom. There are certainly disadvantages to presenting an asylum case by video. It’s more difficult to relate to the Immigration Judge (“IJ”), for instance. And it’s not easy to submit additional evidence at the last minute. On the other hand, in the words of John Adams, “Every problem is an opportunity in disguise!” In our case, WebEx presents some interesting new opportunities.
Having now done a couple WebEx hearings, I have been thinking of how to use the new service to my clients’ advantage. Below are some ideas that I have yet to implement, but which could assure victory, even in the most difficult case. If we try any of these strategies in my office, I’ll be sure to let you know how things turn out… (more…)
A new report from Human Rights Watch documents the fate of dozens of Cameroonian asylum seekers deported to their country between 2019 and 2021. According to HRW, people deported to Cameroon “faced arbitrary arrest and detention; enforced disappearances; torture, rape, and other violence; extortion; unfair prosecutions; confiscation of their national IDs; harassment; and abuses against their relatives.” In addition, many also “reported experiencing excessive force, medical neglect, and other mistreatment in Immigration and Customs Enforcement (ICE) custody in the U.S.” Sadly, none of this is particularly surprising.
The portions of the report that I want to discuss here relate to asylum seeker confidentiality (or the lack thereof) and to the persecution of returnees because they sought asylum in the United States. (more…)
In a prior post, we discussed asylum-seeker dependents at the Asylum Office. We’ll finish that discussion here, and also talk about dependents in Immigration Court, where there are some unique issues to be aware of. (more…)
Vladimir Putin has had a gun to the head of Ukraine for years. The most recent troubles began in 2014, when a pro-Russian president of Ukraine fled to Russia, rather than submit to an impeachment vote (he was impeached anyway). Several regions of Ukraine declared loyalty to the former president, and fighting broke out. Ultimately, parts of Ukraine came under Kremlin control, including the Crimean peninsula, which Russia annexed after an “election” by that region’s residents. Since then, fighting and allegations between the two nations have waxed and waned, but the Russians did not move towards a major escalation–until recently.
The current buildup began last fall, and there are now more than 100,000 Russian soldiers and Ukrainian separatists deployed for war. Analyst have suggested that a large-scale invasion is likely in the coming days or weeks. What does this mean for Ukrainian citizens in the United States who face possible persecution if Russia takes over or installs a pro-Russian puppet? Can such people file for asylum now, even though a Russian invasion is still speculative? (more…)
Asylum seekers may include their spouse and unmarried, minor (under 21-years old) children as dependents on their asylum case, as long as the dependents are physically present in the United States. Here, we’ll discuss issues related to dependents at the Asylum Office. In a future, post, we’ll discuss dependents in Immigration Court, as there are some differences. Let’s get right to it. (more…)
On December 28, 2021, USCIS announced that. “if you are a healthcare worker who has a pending Employment Authorization Document (EAD) renewal application [Form I-765] and your EAD expires in 30 days or less or has already expired, you can request expedited processing of your EAD application.” This is a positive development, since EAD renewals have lately been very slow.
One group that has been impacted by the delayed renewals is asylum seekers, and we are seeing people wait up to ten months for their new EAD cards (asylees–people whose asylum cases have been granted–are also experiencing long delays to renew their EADs, but such people are eligible to work even without an EAD). Here, we’ll talk about the EAD renewal process and the new rules for healthcare workers (and while it probably goes without saying, yes, I will complain about the new expedite procedure). (more…)
As an attorney who represents asylum seekers, I believe our country has a moral duty to help those coming to us for protection. I also believe that we as a nation benefit from our asylum system. Aside from enriching our country with patriotic, hard-working individuals, the asylum system makes manifest our highest ideals–freedom of religion and speech, democracy, equality, and women’s and minorities’ rights.
Unfortunately, those of us who support a robust humanitarian immigration system have not convinced enough of our countrymen on that point. Indeed, a poll of Trump voters found that their #2 and #3 most important issues are more secure borders and a more restrictive immigration system (the #1 issue for these voters was preservation of individual rights). Contrast that with Biden voters, who feel less strongly about reducing barriers to migration (ranking “being open to immigration” as the #27 most important issue facing our country, out of 55 issues surveyed).
There is little doubt that these views find expression in the voting booth–President Trump based his 2016 campaign on anti-immigration themes and we know how that turned out. (more…)
There’s never a lack of bad news to report in asylum world, but it’s almost the New Year, and so I’d rather focus on the positive. A year ago, I wasn’t sure whether President Trump would even leave office, but–fortunately for our democracy–he did. At the time, immigrant advocates were hopeful that President Biden would reverse many of the bad policies enacted by his predecessor. While change has been slower and less consistent than expected, there are certainly positive developments to report.
Most obvious is the general attitude towards asylum seekers. During the Trump Administration, officials from the top down viewed asylum seekers as fraudsters and criminals who were intent on cheating the system. While many of the lower-level appointees from the Trump Administration remain, the overall attitude towards asylum seekers is certainly more balanced and respectful. The tone from the President and his leadership team is also more positive. And that makes a difference “in the trenches,” where decisionmakers are more willing to grant relief when they don’t feel that such a decision goes against their bosses’ preference. (more…)
This post is by Jim Feroli, an attorney with Immigration Legal Services (ILS) of Catholic Charities, Washington, DC. He has worked with ILS since 2014 and helps to manage the pro bono program. He focuses on asylum, U Visa and VAWA cases, and removal defense generally. He has also represented immigration clients before the Board of Immigration Appeals and U.S. Courts of Appeals.
I’m a movie fan. If you haven’t seen it, I recommend the film Gladiator. Russell Crowe stars as Maximus, a Roman general who is betrayed, sold into slavery, and forced to fight in gladiator matches. The movie has some good action scenes and strong acting by Crowe and Joaquin Phoenix, who plays the demented and cruel heir to the throne. It’s about persistence, redemption, and the human spirit and is worth a watch on Netflix.
As an immigration lawyer, I wondered would Maximus, as a slave in ancient Rome, qualify for membership in a particular social group? I’m sure most people watching the film had the same concern. My answer is yes. Maximus’s status is immutable. Slavery in this context is both a status and a condition. As much as Maximus may want to change his status, it is beyond his control. By chance he could be emancipated, but more likely, he will die a slave. Being a member of the group of slaves is also particular. It is distinct and the borders of the group are clear. There is a strong contrast between persons who are slaves—and thus private property—and those who are not. Generally, people should understand if they fit within the group of slaves or free persons, in this case Roman citizens. Lastly, the group is socially distinct. Legally and economically, society recognizes slaves as different. They are deprived the rights to participate in civic life and may be bought and sold by others. Certainly, a runaway slave should qualify for refugee status and not be returned to face additional persecution. (more…)
This post is by Amy Doring, the Asylee Outreach Specialist at HIAS Headquarters in Maryland. The HIAS Asylee Outreach Project can be reached at asyleeoutreach@hias.org or at (240) 284-3306. Learn more about the initiative on its website, asyleeoutreach.org, and follow @asyleeoutreach on Facebook to attend an upcoming national Asylee Benefits Orientation webinar. If you are an asylee in Maryland, please reach out to the Asylee Outreach Project to access resettlement services. If you are in another state, please visit the For Asylees page of the project’s website to contact a resettlement agency near you.
Asylees are eligible for a variety of refugee benefits and services following their asylum grant. If you’re an asylee or an attorney and this is the first time you’re hearing about asylee benefits—you’re not alone! Fewer than 20% of asylees access resettlement benefits, most often because they are unaware that they are eligible for these benefits, or that they even exist.
Benefits for asylees are funded by the Office of Refugee Resettlement (ORR) under the U.S. Department of Health and Human Services (HHS) and include, but are not limited to: Cash assistance, medical insurance, employment services, English classes, and job training. It’s important to note that eligibility for these benefits is time sensitive. Free health screenings, which will help satisfy medical requirements for your future Green Card applications, are available only during the first three months after an asylum grant. Eligibility for refugee cash assistance and medical insurance, in turn, ends eight months after the date of an asylum grant. Lastly, the availability of free English classes, job training, case management, and employment support services ends five years after an asylum grant. With these strict timelines, it is immensely important that asylees be connected with resettlement services as soon as possible to take full advantage. Family members who are derivative asylees will also be eligible for these same benefits. (more…)
This article is by Andrea Barron, the advocacy program manager at the Torture Abolition and Survivors Support Coalition International, based in Washington, DC. The article was originally published in the Washington Post.
Genet Lire Dobamo was a 17-year-old elite sprinter with the Ethiopian national team when she defected at Dulles International Airport in 2014, terrified of returning to her native Ethiopia. She held Ethiopia’s national title for the 400-meter race and had an excellent chance of representing her country in the 2016 Olympics. But Dobamo had been severely beaten by police for opposing Ethiopia’s one-party dictatorship and was frightened of being tortured again or even killed if she returned home.
She applied for asylum in March 2015 and was featured in a Washington Post story on elite Ethiopian runners seeking asylum in the United States. The Post reporter said the asylum process can take “months, sometimes more than a year.” Six years later, Dobamo has still not been interviewed by an asylum officer at the U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security. (more…)