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Millions people try get into US, I am trying to get out (and I have been trying)

 Mikhail Sebastian is the most famous stateless person in the US. Born in the former Soviet Union, Sebastian sought asylum in the US in the early 1990s, but was denied. The US could not deport him because Armenia—the successor state in whose territory Sebastian was born—did not recognize his citizenship, leaving him stateless. After a four-day New Year’s vacation to American Samoa in 2012, Sebastian was barred from reentering the mainland United States by immigration officials, who claimed he had self-deported. It took nearly 14 months for Sebastian to gain permission to return to his home in Los Angeles, and this occurred only after extensive interventions by lawyers, government officials, human rights advocates, and university groups, as well as a social media campaign via Twitter, Tumblr, YouTube, and CNN iReport.
My goal is opposite. I want to leave the US forever.
Eric Holder states that the US has the best justice systems. Based on what? Incarceration rates are the highest in the world.  I have been everywhere in the US except Alaska.  I cannot say Americans are the most evil people. People get away with lying in court daily.  A widely known example is the Duke La Cross case where accuser the women has not received one bit of punishment. Dire injustice is occurring across the US. Laws enacted to protect the victims of the vile crime of domestic violence are being abused by citizens as well as law enforcement, in this process innocent men’s lives are destroyed. Burden of proof is being thrown out and the simple word of the accuser is being taken without question, many times without the accused even being allowed to speak. I’ve been victimized in the State of Washington. Not enough I spent 11 months in solitary confinement and 22 months in immigration detention, now I cannot even leave the US. I’m formerly a citizen of the USSR;   I understand that life is some time not fair and I’ve given up pursuing justice. Millions of people try to get into America, and millions more try to avoid deportation, I am just trying to get out.  I have a 4-year old son in Russia who needs his father not just a human wallet overseas.
In December of 2013, I talked face to face with the Russian Consul in Seattle. I had been told that if I could obtain official paperwork from ICE containing my name, immigration status and picture, the Russian Consulate would grant me a visa to go to Russia and in time would be able to get Russian citizenship.
 Here is quote from an email between a USA representative (District 7 ) and US immigration authorities, "USCIS electronic records indicate that Mr. Decyatnik was ordered removed from the United States on February 26, 2002.  It appears that Mr. Decyatnik has no immigration status in the United States.  USCIS cannot issue official proof of non-status." How stupid is this, if INS can’t remove me, just give me travel documents and I will leave on my own.  In my opinion, common sense was dead in the United States a long time ago in domestic affairs or international relations it reminds me of Alice in Wonderland.

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Comment Preferences

  •  This article seems to give some back story (9+ / 0-)

    I think the diarist needs more help than just deportation

    Look, I tried to be reasonable...

    by campionrules on Thu May 29, 2014 at 10:57:03 AM PDT

    •  I'll say. (2+ / 0-)
      Recommended by:
      Timaeus, campionrules

      The one detail I don't understand is his alleged statelessness.  I'm sure there were plenty of Soviet passport holders out in the world at the end of 1991.  My guess would be that depending on where he lived, i.e. which Soviet republic, that's his new citizenship.  Perhaps he didn't like the citizenship that was available, like Tadzhikistan, and he's holding out for Russia.

      It's not the side effects of the cocaine/I'm thinking that it must be love

      by Rich in PA on Thu May 29, 2014 at 11:06:14 AM PDT

      [ Parent ]


      The Willistonherald link is about another person so any comments about Ukraine are completely irrelevant to this diary.

      In the case in the diary, the person was a Soviet citizen born in Armenia.

      It looks like this is a case similar to one of the Baltic states where former Soviet citizens were required to pass tests in the local language before being granted  citizenship of the successor state. This was to avoid legitimizing the post-war absorption into the USSR and the subsequent transfer of ethnic Russians to dilute the local nationalism. (Such practices are, incidentally similar to the movement of settlers onto the OPT by Israel although there are differences like the inclusion of the existing population living in the area as nationals. The practice is outlawed by the Geneva Conventions.)

      It would appear that the person described in the diary sought asylum in the USA on the basis that it was unsafe for them to return to their homeland. In the case of Armenia, this might have been to do with the proclamation of independence by Nagorno-Karabakh in 1991.

      Most Americans do not understand the process of asylum and tend to confuse and conflate the situation with refugees immigrating under different rules. Many of the latter eventually go on to gain US citizenship and historically is part of the national story. Asylum on the other hand is intended to be temporary only for the period during which the "well founded fear of persecution" (the UK condition) continues. The leave to remain in the country (another UK term which make the situation clear) may be withdrawn if the person breaches the conditions of their asylum. This might, for example, include a ban on organizing politics in their own country.

      Asylum seekers are supposed to apply in the first safe country they arrive in however many countries give a lower status of "temporary leave to remain" to people with no safe country to go to. At least in the UK, this is given to refugees with a general but not specific fear for their lives or safety. (Other people may have breached their conditions, by committing a crime for example, but their deportation is stopped due to a continuing fear or if it were to breach Human Rights within the EU Fundamental Charter). Asylum is granted to political opponents of a regime, oppressed religious minorities or oppressed racial groups but this might be extended - for example the UK regularly gives "indefinite leave to remain" to gays from Jamaica.

      With that in mind, I went looking for background on the person mentioned in the diary.
      and found it fairly easily. He was for a time stuck in American Samoa. He was born in Azerbaijan but claims to be Armenian, the cause of his statelessness. When he went on vacation to the US colony, he was considered by US Immigration to have "self deported". Subsequently by February 2013 he was allowed back to the mainland USA after the USCIS offered "humanitarian parole". (both of these two links give more background on the legal position of about 4,000 similarly stateless persons in the USA). He is indeed stuck in the USA which does not issue travel documents to stateless persons. What is needed is a change in the law - from the 2013 article:

      ... in order to truly prevent similar bizarre incidents, radical changes are necessary to federal laws, said David Baluarte, one of Sebastian’s attorneys and an expert on statelessness at American University’s Washington College of Law.

      “The way that we have written our laws does not make sense. We have identified a real inefficiency in the immigration system that urgently needs to be addressed,” Baluarte said.

      Last year, UNHCR launched a campaign that advocates hope could prod Congress to include stateless people in much-discussed comprehensive immigration reform. They want stateless people to be given a path to legal status, or at least travel documents that would allow them to travel outside the United States.

      "Come to Sochi, visit the gay clubs and play with the bears" - NOT a Russian advertising slogan.

      by Lib Dem FoP on Fri May 30, 2014 at 05:47:54 AM PDT

      [ Parent ]

  •  wat (2+ / 0-)
    Recommended by:
    campionrules, Karl Rover

    what the fuck does the middle part of the diary have anything to do with you being able to leave the US?

    Dawkins is to atheism as Rand is to personal responsibility. uid 52583 lol

    by terrypinder on Thu May 29, 2014 at 10:58:52 AM PDT

    •  Yeah, I was going with "It's Thursday again!" (0+ / 0-)

      But if you read the linked article above it might clear some things up about the thought process.

      Look, I tried to be reasonable...

      by campionrules on Thu May 29, 2014 at 11:00:00 AM PDT

      [ Parent ]

    •  Read above. (1+ / 0-)
      Recommended by:

      He was born in Azerbaijan (my bad but corrected later in my comment) but claims to be Armenian. Armenia refuses to recognize him so he is stateless.

      Stateless persons in the USA are not issued with documents by the USA for travel and, importantly, return. He now has "humanitarian parole" from US Immigration which allows him to remain in the USA but does, like statelessness, not offer a path to US citizenship.

      This is a case where legal reforms are necessary to resolve the situation. Party political blocking of such reforms you will no doubt be aware of.

      "Come to Sochi, visit the gay clubs and play with the bears" - NOT a Russian advertising slogan.

      by Lib Dem FoP on Fri May 30, 2014 at 06:01:05 AM PDT

      [ Parent ]

  •  Just a guess, but I think a Ukrainian birth (6+ / 0-)

    certificate should suffice to establish Ukrainian citizenship.  I think the diarist should be speaking with Ukrainian consular officers, not Russians.

    The millions of people in Ukraine and other former Soviet states did not all become stateless when the Soviet Union collapsed!

    This is general information, not legal advice, and it does not establish a lawyer-client relationship between me and the diarist.

  •  I rec'd the tip jar because I think it took a (2+ / 0-)
    Recommended by:
    maregug, bluenick

    heroic effort for the diarist to register here and post that diary.

  •  All governments to strange things, (2+ / 0-)
    Recommended by:
    Catte Nappe, Timaeus

    and sometimes the US government does really strange things.

    For example, I was told, by the US embassy in Ankara that they could release information from their investigation into Furkan Doğan's death on the Mavi Marmara to his parents when Furkan came in and signed the necessary permission documents.

    Another example, last year when I went to the US the man at immigration asked me where I was from. I said 'here'. Then he asked me where I was born and I said 'here, Houston'. Then he told me he was asking these questions because I had to say the words 'I am a US citizen'. I did and then he said 'OK, you can go.'

    The world is bad enough as it is, you have no right to make it any worse.
    Lamb chop, we can quibble what to call it, but I think we can both agree it's creepy.

    by InAntalya on Thu May 29, 2014 at 11:55:08 AM PDT

  •  Why not simply head north and ask for asylum, (0+ / 0-)

    transportation, deportation, or whatever in Canada.  You'd be out of the "mean, nasty ole USA", and in the hands of a more sympathetic govt.  Sounds like a "Win Win" to me.  The question I have is how do you get access to the internet in ICE detention?  Surely the US govt isn't allowing you to remain free to roam around the country during this process.

    "Because I am a river to my people."

    by lordcopper on Thu May 29, 2014 at 11:58:57 AM PDT


    In another diary today this diarist claims to have been born in Ukraine and a victim of the US mental health system.

    This is clearly somebody using legitimate causes for concern in order to forment discontent against the USA and is highly reminiscent of the "reporting" on RT.

    The cases may be of legitimate concern but this diarist either had a very mobile mother or a true split personality but I would suggest is certainly not who he claims to be. For that reason, I have HR'ed both his diaries.

    "Come to Sochi, visit the gay clubs and play with the bears" - NOT a Russian advertising slogan.

    by Lib Dem FoP on Fri May 30, 2014 at 08:26:56 AM PDT

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