Political asylum in the United States, as in other states that have signed the Refugee Convention, 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 resides outside his own country, who has become a victim of persecution by the state or who has justifiable fears of becoming such a victim. Now consider what lies behind this dry legal text.
What can we learn from this wording? Firstly, only a person who is physically located in the United States can obtain political asylum in the United States. In times of persecution of Soviet dissidents, there were times when the shelter from the persecution was given directly at the embassy of foreign states in Moscow, but now is not the time. To apply for refugee status with the immigration service, you need to stand on American soil with both feet. This means that filing it at the airport in a neutral strip can be rejected.
It doesn’t matter on which visa you 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 American territory. Otherwise, the immigration official will have a completely logical question: “Where have you been before?” But here you can prove your case. Suppose 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 homeland for fear of becoming a victim of serious human rights violations.
So, political asylum in the USA can be granted both on the basis of past persecution and justified and reasonable fears of facing them in the future (future persecution). Consequently, it is not necessary to personally be a victim of persecution and to provide scars of torture as evidence. It can be demonstrated that you are most likely to be persecuted by the state, since repressions have already affected people who are similar to you in some respects.
What are the criteria for applying for asylum in the United States? This is belonging to a religious or national minority, as well as an active, but non-violent expression of their opposition political views. Refusers from the army also have a chance to obtain refugee status if alternative military service is not introduced in the country of origin, or representatives of sexual minorities - again, if criminal or any other punishment for non-traditional sexual orientation is introduced in your region.
How to get political asylum in the USA? Despite its apparent simplicity, it is rather complicated. After all, the entire evidence base lies not with the immigration service, but with the refugee applicant. It is him who needs to be provided with reliable arguments why it is dangerous for him to return to Russia or other CIS countries. Before you go to America for the coveted status, you should take care of collecting the necessary documents. These may include: membership card of an opposition party or non-governmental organization, letter from the leader of your religious community, calls to the prosecutor’s office or police, medical evidence of beatings or torture.