How I Sponsored a Refugee in the USA: Documents, Obligations and Risks

The number of political refugees in the United States from Russia and other post-Soviet countries has increased dramatically over the past couple of years. There are no exact figures for this period yet, but is knownthat 1,5 Russian activists and journalists alone were forced to leave the country over the past year due to political and criminal persecution. Since getting an American visa in Russia in the last year almost impossible, more and more immigrants are trying to get into the US through the southern border, applying for asylum at the checkpoint.

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Unfortunately, under American law, people who come to the American border without visas are subject to detention. True, in practice, some of them are released immediately, allowing them to await trial at large. Others are released after spending hours or even days in immigration detention centers at the border. The least fortunate get into immigration prisons as part of the so-called "expedited deportation procedure", where they can spend several months.

Forum Daily already I told about how a guarantor found in a timely manner can help detainees to be released faster. Today we will tell you in detail about what you need to do if you yourself want to vouch for someone you know as a refugee or become a sponsor of a refugee (the difference between these concepts is explained below)

Refused to become a "snitch"

The first criminal case against a Yekaterinburg citizen Maxim Vernikov was initiated back in 2019 under an article on the activities of an organization recognized as undesirable in Russia. Court in 2020 sentenced Maxim to 300 hours of compulsory work, which became first in Russia by a decision in the case of participation in the work of an “undesirable organization”. Maxim honestly worked out the sentence, but the misfortunes did not end there. In November last year, the security forces directly warned the activist: if he refused to work as their informant and participate in the fabrication of false criminal cases, new cases would be initiated against him.

Then Maxim realized that the only option for him was to leave the country. On December 2 last year, he crossed the border between Mexico and the United States in Tijuana and applied for political asylum to the American authorities. After that, Maxim ended up in a border temporary detention center, where he spent 8 days. Then the immigrant was sent to an immigration prison in Arizona, from where he was transferred first to Mississippi, and then to Alabama. After 57 days of imprisonment, Maxim was finally released. I happened to be a sponsor of Maxim Vernikov, and I will try to describe in detail what is needed for this.

Guarantor vs Sponsor

First, how lawyers say, there are two types of refugee support - guarantee and sponsorship. The first, which has developed informally and exclusively in practice, is a guarantee for a refugee at the very moment of crossing the border, when it is enough for you to verbally promise that you will support him for the first time in the USA. The guarantor is not required to provide any documents confirming his status in the United States or income level. The main thing that is needed in this case is that the guarantor picks up the phone in response to the call of the immigration officer and confirms that he personally knows the refugee and is ready to provide him with money and housing in the first months of his stay in the United States.

However, it often happens that one call in this case does not get off. As an immigrant from Moscow said Alexey, who crossed the border a few months ago, during 15 hours of being in the temporary detention center, his guarantor was called 5 times. Officers' questions can be very different: from how well the guarantor knows a particular person, to whether he is ready to buy him a ticket to the state where he is located, and where exactly he plans to settle him.

On the subject: Bail for refugees at the US border: attorney clarifies the risks of guarantors and asylum seekers

However, it often happens that border guards do not call the guarantors or may consider their answers unconvincing. In addition, often - as was the case with Maxim - at the time of crossing the border, a potential refugee does not yet have a guarantor; he did not have time or was unable to find one. In such cases, a “fast track deportation” procedure is initiated; in other words, the asylum seeker is sent to immigration detention. It is possible to leave there only after passing an interview to verify the validity of the fear of persecution in your homeland, and only with a sponsor. The requirements for the sponsor are already more stringent than for the guarantor, they are defined by clear departmental instructions.

Photo: Shutterstock

Required documents

So, if you want to become a sponsor of a refugee, you will need the following documents:

1. A copy of the green card or a document confirming the legal immigration status in America. The good news is that you don't have to be a US citizen to sponsor your friend. But if you yourself are waiting for immigration status, most likely you will not be recognized as a proper sponsor. Lawyers warn that to become a sponsor, you must at least be a permanent resident of the United States.

2. Copy of American ID - driver's license or non-driving ID. In any case, it must be a document confirming your permanent residence in a particular state.

3. If you are not a US citizen, a copy of your national passport.

4. Documents showing that you have housing in the United States. This may be a rental agreement or documents confirming ownership.

5. Tax returns for the previous year (signed Form 1040). There are no clear requirements for the amount of your income, but it must be sufficient to provide the refugee with money and food for the first time. The declarations may show the income of the entire family, but if it is too low, consider whether you are ready to become a sponsor. It is not at all necessary that you will actually feed and support a refugee - often people ask for guarantees only in order to be released, and are ready to solve their material problems themselves. But immigration officers will evaluate exactly your income and, if deemed insufficient, may keep your friend in custody.

6. Bank statement - again, to show that you have enough funds for sponsorship.

The Pitfalls of Commitment

In fact, the only thing you promise is the desire and ability to financially support the person you are vouching for, that is, to provide him with housing, food and livelihoods. This is an important point: a refugee is not obliged to use your money or live in your home. As they say, your business is to offer, be able and be ready to help him, but he himself has the right to choose where to stay and on what means to live. That is why many refugee volunteers sometimes vouch for people they don't know just to get a person out of prison. However, there are several risks here:

1. It’s better to know the person personally at least because the immigration officer can call you and ask under what circumstances you met and what you can say about this immigrant.

2. Personal relationships are at least some guarantee of a refugee's integrity. Unfortunately, volunteers from immigrant self-help groups report that “resourceful” immigrants have already written several denunciations about a parishioner of one of the Protestant churches in the city of Sacramento, who, out of his kindness, decided to help those crossing the border. According to the authors of the complaints, the sponsor "did not help enough" to his wards. Unfortunately, there can always be dishonorable people who want to take advantage of your written obligation to support them in their hands. That is why it is better to sponsor those whom you know personally.

3. It is quite possible that you really have to help the person. Unlike a guarantee at the border, it is not at all necessary that you will be called in the case of official sponsorship - the documents you send may be enough for immigration officers. However, lawyers warn: do not be surprised if they can call you and ask if you are ready, say, to buy tickets for your "protégé" to the place where you live. It is possible that tickets really have to be bought, so think about whether you are ready to bear the cost for the sake of a complete stranger?

Important point: you are not required to buy your friend on bail. As a rule, standard letters of sponsorship do not contain such a commitment, and therefore immigration officers have no right to require this from you. Just because you don't have a few thousand dollars to spare doesn't mean you can't provide your friend with shelter and food. However, in order to avoid misunderstandings, it is always better to discuss with a potential refugee what exactly you are ready to provide him, and it is best to do this even before he crosses the border.

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