Help with legal aspects of immigration wanted - fast

[PeterGustafsson]

Hi!

Sorry for not being able to be more specific in this post.

I heard this through the grapevine:
A fencing club here in Sweden recently got a new member, a guy from one of the former Soviet Central Asian republics. He had to run, since he was being framed, and looking at serious jail time. After some travel, he appeared at the club. With the translation help of his wife (trained in a medical field, and speaking good English) he started training the members, and giving free private lessons. He has competed extensively at quite high levels all over Europe since early teens, so that was very helpful for the club. The club in question has a trainer who will be leaving fairly soon, and no other trainer set to take over. The club does not have the means to hire this soviet guy. The other day, he and his wife get a notice that they are going to be kicked out of Sweden in a week´s time to another European country, from which he may be sent back to his place of origin.

What can be done to help this pair from being sent to a hellhole?

The legal aspects here in Sweden are already being looked into. What could be done in USA? He could be an asset to almost any club - good knowledge and a natural knack for teaching, from what I have heard. His wife could start working in a hospital right away, if it were not for licence stuff. She knows her job, but does not have a US. licence to prove it.

Philistine - can you sort this out?

Peter Gustafsson

[JEC]

Peter,
As you might expect, these days the US INS does more extensive background checks to grant immigration visas. Sooner or later in the process that incident would come up. PM if you want to discuss this further.
JEC

[Gav]

Send him to Scotland! My club needs a new coach.

[veeco]

Perhaps he can apply for refugee or political asylum?

Refugee
A refugee has been defined as:

any individual who is outside of their home country nationality or, in the case of a person having no nationality, outside any country in which such person last habitually resided, and who is unable or unwilling to return to, or avail themselves of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; or


in such special circumstances as the President after appropriate consultation may specify, any person who is inside their home country or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted, or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
The term ‘refugee’ does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.
Any person who has been forced to abort a pregnancy, or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure, or be subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.
An alien may qualify as a refugee either because he or she has suffered past persecution, or because he or she has a well-founded fear of future persecution in their home country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion, and that they are either unwilling or unable to return to the place that they were persecuted.

Past persecution

An applicant shall be found to be a refugee on the basis of past persecution if it is established that the applicant has previously been subjected to persecution in his or her country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion, and that the applicant is unable or unwilling to return to or avail himself or herself of the protection of that country owing to such persecution.

Future Persecution

An applicant for asylum has a well founded fear of future persecution if it is established that there is a reasonable possibility that the applicant will suffer persecution on account of race, religion, nationality, membership in a particular social group, or political opinion if they were to return to the country where they fear persecution. Furthermore, the applicant must be either unwilling, or unable to return to the country of the feared persecution.

Please be aware that the granting of asylum in the United States is discretionary, and is not guaranteed merely by a showing of past persecution or a fear of future persecution.

Examples of clients represented by Sacks & Kolken whose asylum claims have been granted include the following:

A woman from Somalia who personally experienced Female Genital Mutilation, and whose expressed opposition to the practice made her fear persecution if she were to return.
A woman from Sudan who feared that her two minor children would be forced to undergo Female Genital Mutilation if they were to return.
A couple from the Peoples Republic of China who feared forced sterilization if they were to return.
A Gypsy fleeing persecution in Bulgaria.
A family from Afghanistan who opposed the Taliban and its treatment of woman.

http://www.rapidimmigration.com/usa/...it_asylum.html