Please Advise!

Ramses

New Member
Hello,

I am an orthodox catholic from Dagestan, Russia. We border chechnya and are living under the constant threat of being persecuted by muslims. There have been several bomb blasts near my apartment. Infact our neighbours are trying to force us out of our apartment. In Russia we need two passports, one domestic (which is also the ID card) and the other is for international travel. Also, in Russi, a person from one city cannot live or work in another city or town if he/she is not registered in that town. Meaning, if I am from NewYork city, I cannot live or work in NJ or Connecticut or elsewhere. If my family is driven out of their apartment or if they lose jobs they cannot move anywhere else because they cannot live there or find jobs. We are few handfull of chatholica living there in Dagestan which is predominantly a muslim region. And also torn because of many wars with chechnya.

Can I apply for a refugee or political assylum status in the USA? if yes, then please tell me the necessary steps that I need to take.

Any feedback is appreciated. Thank you.
 
BCIS website is the best place to start your search. You will find there the requirements, procedure, forms, etc. All the basic information you need.
Also bear in mind that for FY 2004, persons in the former Soviet Union may, if otherwise qualified, be considered refugees for the purpose of admission to the United States, as per PD recently signed by President Bush copied below. That might be of help depending on your particular situation.
Good luck


October 21, 2003

Presidential Determination
No. 2004-06

SUBJECT: Presidential Determination on FY 2004 Refugee Admissions

Numbers and Authorizations of In-Country Refugee Status Consistent with Sections 207 and 101(a)(42), respectively, of the Immigration and Nationality Act, and Determination Consistent with Section 2(b)(2) of the Migration and Refugee Assistance Act, as Amended Consistent with section 207 of the Immigration and Nationality Act (the "Act") (8 U.S.C. 1157), as amended, and after appro-priate consultations with the Congress, I hereby make the following determinations and authorize the following actions:

The admission of up to 70,000 refugees to the United States during FY 2004 is justified by humanitarian concerns or is otherwise in the national interest; provided, however, that this number shall be understood as including persons admitted to the United States during FY 2004 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program, as provided below.

The 70,000 admissions numbers shall be allocated among refugees of special humanitarian concern to the United States in accordance with the following regional allocations; provided, however, that the number allocated to the East Asia region shall include persons admitted to the United States during FY 2004 with Federal refugee resettlement assistance under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as contained in section 101(e) of Public Law 100-202 (Amerasian immigrants and their family members); provided further that the number allocated to the former Soviet Union shall include persons admitted who were nationals of the former Soviet Union, or in the case of persons having no nationality, who were habitual residents of the former Soviet Union, prior to September 2, 1991:

more

(OVER)

2

Africa . . . . . . . . . . 25,000

East Asia . . . . . . . . . 6,500

Europe and Central Asia . . 13,000

Latin America/Caribbean . . 3,500

Near East/South Asia . . . 2,000

Unallocated Reserve . . . . 20,000

The 20,000 unallocated refugee numbers shall be allocated to regional ceilings as needed. Upon providing notification to the Judiciary Committees of the Congress, you are hereby authorized to use unallocated numbers in regions where the need for additional numbers arises.

Additionally, upon notification to the Judiciary Committees of the Congress, you are further authorized to transfer unused admission numbers allocated to a particular region to one or more other regions, if there is a need for greater numbers for the region or regions to which the numbers are being transferred. Consistent with section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, as amended, I hereby determine that assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States and designate such persons for this purpose.

An additional 10,000 refugee admissions numbers shall be made available during FY 2004 for the adjustment to permanent resident status under section 209(b) of the Immigration and Nationality Act (8 U.S.C. 1159(b)) of aliens who have been granted asylum in the United States under section 208 of the Act (8 U.S.C. 1158), as this is justified by humanitarian concerns or is otherwise in the national interest.

Consistent with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)) and after appropriate consultation with the Congress, I also specify that, for FY 2004, the following persons may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence:

a. Persons in Vietnam

b. Persons in Cuba

c. Persons in the former Soviet Union

You are authorized and directed to report this determination to the Congress immediately and to publish it in the Federal Register.

GEORGE W. BUSH

Originally posted by Ramses
Hello,

I am an orthodox catholic from Dagestan, Russia. We border chechnya and are living under the constant threat of being persecuted by muslims. There have been several bomb blasts near my apartment. Infact our neighbours are trying to force us out of our apartment. In Russia we need two passports, one domestic (which is also the ID card) and the other is for international travel. Also, in Russi, a person from one city cannot live or work in another city or town if he/she is not registered in that town. Meaning, if I am from NewYork city, I cannot live or work in NJ or Connecticut or elsewhere. If my family is driven out of their apartment or if they lose jobs they cannot move anywhere else because they cannot live there or find jobs. We are few handfull of chatholica living there in Dagestan which is predominantly a muslim region. And also torn because of many wars with chechnya.

Can I apply for a refugee or political assylum status in the USA? if yes, then please tell me the necessary steps that I need to take.

Any feedback is appreciated. Thank you.
 
Thanks for the article. However, Dagestan is still a part of Russia and I am in the US for the past 2 years on a H4 visa.
 
That might be the first challenge. They require to file for asylum within one year after arrival. Going thru BCIS is the first step, document yourself before seeking any legal advise on how to proceed. Good luck


Originally posted by Ramses
Thanks for the article. However, Dagestan is still a part of Russia and I am in the US for the past 2 years on a H4 visa.
 
You can not applied for asylum as catholic from dagestan being persecuted by so you call muslims .
First of all the BCIS knows that is not true .I 'm from russia and i know what's going on in that region.
Chechnya has nothing to do with Dagestan .The communistes ( red Army) are the one who persecuted all muslims in 19 th century and sill under their mercy.
The states department and the human right knows about the atrocity of russians against the minorities in that region country .You may apply for asylum in Armenia or Georgia ( Gruzia).
 
Derila, I don't know where exactly are you from, but I am from the region close to Dagestan and had relatives and friends who lived there, and ,yes, there was a lot of persecution and pogroms against non-christians. I can't vouch for 19 century communists by obvious reasons, but in my time muslims definitely were left alone (unlike jews or certain christian domination). As for atrocities of russian army. as far as I can tell, they started after the string of killings, pogroms and forceful expulsions of minorities by muslim majority (as in my hometown), fact convinently forgotten by various 'freedom fighters'.
Ramses, I don't think you should waster time on asylum. 1), INS officials seems to agree with derilla in their evaluation of situation, 2) they will tell you that as russian citizen, you could move to Russia proper, 'propiska' is not an argument with them. At my first interview on 1996, I was denied asylum, even though INS agreed that I am persecuted in my hometown. The officer claimed that I could move to Russia, even though i am not russian, never lived there and not considered russian citizen by the law. I was granted asylum by the IJ an year late (BTW, the pointed out to INS that my case shouldn't be sent to her) 3) you did miss your deadline.
Try to research other options.
 
I don't know about the human rights conditions in that region but INS asylum officers heavily rely on State Department country report, NGOs reports like HR and AIUSA reports, and mainstream media reports. If you can find media reports of people in your home country in similar situation being persecuted then I would say you have a fair chance like the fellow next to you.

Here are some useful website addresses:

http://www.state.gov
http://www.aiusa.org
http://www.hrw.org
http://www.unhchr.ch

Try to find the cases of persecutions faced by people in your country documented by these organizations.
 
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Everybody, Thanks very much. I will take your advice and do what is necessary. Yes, Darila, Sadly you are not aware of the situation in Dagestan. Thank you all for your wonderful help and support.

:)
 
Ramses,

I don't know your country situation or personal situation, but I would like to point out the one year limit.

Since you are under H4 visa, I believe you are exempted from the 1 year limit. You should consult a lawyer if you have access to one.

I applied for asylum many years after my first entry to the US. I came to the US under F1 (student) visa in 1996. After I graduated from college, I found work in the US and applied for an H1B visa . I was under H1B until I was granted asylum in May of 2001. I submited my asylum application in March 2001.

To be honest, even if you have a very strong case, you shoud find out if you have any other options before you apply for an asylum. I think asylum should be your last resort. Good luck to you.
 
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Yeah, 4-6yrs (if everything goes right) to get your GC is a big turn off for asylum. You also have to wait 1yr to apply for I-485 after your asylum case is approved. Only look into asylum after you have exhausted all other means to get your GC.
 
Originally posted by Ramses
Hello,

I am an orthodox catholic from Dagestan, Russia. We border chechnya and are living under the constant threat of being persecuted by muslims. There have been several bomb blasts near my apartment. Infact our neighbours are trying to force us out of our apartment. In Russia we need two passports, one domestic (which is also the ID card) and the other is for international travel. Also, in Russi, a person from one city cannot live or work in another city or town if he/she is not registered in that town. Meaning, if I am from NewYork city, I cannot live or work in NJ or Connecticut or elsewhere. If my family is driven out of their apartment or if they lose jobs they cannot move anywhere else because they cannot live there or find jobs. We are few handfull of chatholica living there in Dagestan which is predominantly a muslim region. And also torn because of many wars with chechnya.

Can I apply for a refugee or political assylum status in the USA? if yes, then please tell me the necessary steps that I need to take.

Any feedback is appreciated. Thank you.

Orthodox Catholic? Orthodox and Catholic are two different denominations. Can you explain what do you mean by saying that you are Orthdox Christian?
 
I'm posting this just for academic reasons.

To my knowledge the applicant has to establish proof that he or she will face persecution ( life threatening or imprisonment) because of his or her religious or political believes, association in a social, political, or religious group upon return to his or her homecountry. And the burden of proof falls on the applicant: he or she has to present stories documented by credible sources like US State Department, UNHRC, AIUSA, HRW, etc of ppl in the same situation being persecuted. Awhile back the INA regarding asylum law doesn't cover persecutions based on "forced birth control policies," one's sexual preference (particularly homosexuality), and other reasons for persecution that aren't related to race, religion, social, ethnic, and political. May be Gilbert or Alanpero can update on the eligible persecution reasons that one can apply for asylum in the US?
 
Originally posted by Ramses
Hello,

I am an orthodox catholic from Dagestan, Russia. We border chechnya and are living under the constant threat of being persecuted by muslims. There have been several bomb blasts near my apartment. Infact our neighbours are trying to force us out of our apartment. In Russia we need two passports, one domestic (which is also the ID card) and the other is for international travel. Also, in Russi, a person from one city cannot live or work in another city or town if he/she is not registered in that town. Meaning, if I am from NewYork city, I cannot live or work in NJ or Connecticut or elsewhere. If my family is driven out of their apartment or if they lose jobs they cannot move anywhere else because they cannot live there or find jobs. We are few handfull of chatholica living there in Dagestan which is predominantly a muslim region. And also torn because of many wars with chechnya.

Can I apply for a refugee or political assylum status in the USA? if yes, then please tell me the necessary steps that I need to take.

Any feedback is appreciated. Thank you.

I'm posting these questions purely for academic purposes. I don't mean to influence your decision to apply for PA in anyway.

I don't think it matters if you're an "orthodox catholic" or whatever denomination of any religious group you're affiliated with. As long as there are credible (by US State Dept, UNHRC, AIUSA, HRW, etc) documented cases of people belonging to your church being persecuted, and provided that you have well founded fear to believe that you too will be persecuted like them upon return home, I think you can apply for asylum based on fear of religious persecution.

But the questions I would like to raise here, and hoping that knowledgeable scholars like Gilbert and Alanpero would express their opinions to the subject matter in question:

(1) Since the accused "persecutor" in the case seems to be vigilante groups and not the government of Dagestan does it make it weaker or even totally dimisses the applicant's claim for asylum?

To Ramses:

I would emphasize more on the religious persecution claim and probably not even mention about Russian government's regulations on intercity travels and employment practises.
 
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