Genocide Watch, a foundation monitoring violence around the globe, estimates the Europeans in South Africa are facing Stage Six of the Seven Stages leading up to genocide. Stage Seven is actual genocide. There is currently widespread and random violence against Europeans there and they have all been officially excluded from the labor market. I cannot sponsor these acquaintances as refugees (refugees must have already fled to a secondary nation) and I cannot sponsor them as immigrants as immigration into the U.S. is now largely based on family reunification or based on the immigrant filling a job vacancy the sponsor offers to him or her. Is there any way I can still sponsor these individuals? Perhaps by bringing them in as students/tourists and then applying for refugee status?
If they enter the U.S., they can apply for asylum.
Asylum in the U.S. may be granted if the applicant can demonstrate a “well-founded fear of persecution” based on (1) political opinion, (2) religion, (3) race, (4) nationality, or (5) membership in a particular social group. A person who is outside the U.S. may apply for refugee status based on these same criteria. The Refugee Act of 1980 conforms US immigration laws with various UN conventions and protocols.
The fear of persecution must be either by the government of one’s country or by a group that the government is unable to control.
If the person is able to establish “past persecution”, a presumption arises that he has established a well-founded fear of persecution. The burden of proof shifts to the government to demonstrate that circumstances have changed and that the person no longer has a well-founded fear of persecution or that the person could avoid persecution by relocating in another part of his country and that it would be reasonable for him to do so.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
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(213) 394-4554 x0
Web: www.shusterman.com (English)
I suggest that you start by paying an attorney for a consultation. Many of us use Skype. Our office uses Skype Pro, which would all you, your friends, and an attorney to talk at the same time.
Your basic research seems valid regarding their not qualifying as refugees, family, nor employment sponsors.
I assume that you/they have also tried the visa lottery.
Student may work. But, it is a non-immigrant visa which requires that they have strong ties to their homeland and don't want to abandon those ties ... something which could cause a problem if they attempted to request asylum after entering the US ... they can be accused of committing visa fraud as a result of not being honest with the Consular Officer and/or the immigration inspector at the airport.
A consultation is the way to go.
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