By Leo Korotkikh · Updated · 5 min read
Are you afraid of being mobilized for a war you oppose, afraid of persecution for your political views, or unsure whether it is safe to go back to Russia? You are not alone. At Viking Law Firm we work with Russians every day and explain the options in plain language. The first conversation is free.
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From attorney Leo Korotkikh
“Thousands of immigrants have come from Russia to the United States, and hundreds of them have come to Viking Law Firm for help with their immigration cases. We are a boutique firm, so we take on selected cases and give each one a careful and thorough review. Everybody's case is individual — none are the same. Every person who has left their life behind has a story to tell. Our job is to present that story to the immigration judge so it is heard, and to fight for their right to remain in the United States.”
Who qualifies
Simply not wanting to serve in the military usually is not enough on its own for asylum. But there are real exceptions that come up often in Russian cases right now:
Every case is different. Only a lawyer can tell you whether your situation fits one of these categories.
In Leo's words
Many people in Russia voiced their opinion against the Putin regime, and the situation got much worse once the invasion of Ukraine was announced. People who spoke out and were then wrongfully detained, charged, hurt, or otherwise persecuted for those opinions make up one of the most common types of asylum case we see today. Two things to know: the immigration courts now scrutinize political-opinion cases closely, because they see many similar fact patterns, and under the current administration there are far more denials. That is exactly why the other grounds — religion, nationality, LGBTQ status — should never be overlooked when they are part of someone's story.
Two paths
There are two paths to ask for asylum: at the border, when someone is just arriving in the U.S., and from inside the country, when someone is already in the U.S. — for example on a tourist or student visa — and applies later.
Border rules change often. We deliberately do not describe exact steps here, because what was true six months ago may not hold now. If you are planning to seek asylum at the border, talk to a lawyer beforehand to find out what is actually happening right now.
Why timing matters
If you are already in the U.S. and want to apply for asylum from inside the country, you generally need to file within one year of arriving. There are exceptions — for example, if your situation in Russia changed after you arrived in the U.S. (mobilization started, persecution increased) — but it is better not to wait. The sooner you talk to a lawyer, the more options you have.
In Leo's words
Most people who miss the deadline either did not know the asylum rules, were not working with the right professionals, or simply got busy and lost track of time. The typical mistakes we see are late filings, rejected filings, the wrong mailing address, and filing in the wrong place — and none of those count as a valid exception. That is why it matters to have the right professionals on your side from the start.
After you file
While an asylum case is pending, you can apply for work authorization five months after filing. Exact timing is worth confirming with a lawyer — it changes sometimes.
If asylum is granted, you can apply for a green card (permanent residency) after one year. A few years after the green card, you can apply for U.S. citizenship. A spouse and children can usually be included in the same case.
Frequently asked
General information only — not legal advice for your specific case. Contact us for a free, confidential consultation.
Ask us your own question →Not wanting to serve, by itself, usually is not considered a strong enough reason. But if one of the situations described above applies — for example, selective punishment or a connection to political views — the case can be strong. Each situation needs to be evaluated individually.
Refugee status is processed while someone is still outside the U.S. — usually through a UN program. Asylum is essentially the same protection, but processed once someone is already in the U.S. or at the border.
Usually yes, but not right away — you can apply for work authorization five months after filing. A lawyer can tell you the exact timing for your situation.
A spouse and minor children can usually be included in the same case. If a family member has their own, separate grounds for asylum, that claim should be filed as its own case.
Yes. Immigration law is federal, so we represent asylum clients nationwide, including at the Van Nuys and Los Angeles Immigration Courts. Consultations are in Russian, English, or Spanish.
Keep reading
Next step
If you are afraid to go back to Russia, or you are already thinking about your status in the U.S., do not try to figure this out alone. We speak Russian, English, and Spanish, and you will talk directly to a lawyer, not a call center.
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This page is attorney advertising and is provided for general informational purposes only. It is not legal advice for any individual case, and contacting us does not create an attorney-client relationship. Viking Law Firm's attorneys are licensed in California.
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