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IMMIGRATION MAY 13, 2022 | The Indian Eye 43

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tion on behalf of a foreign national actions abroad. Individuals who have on a case by case basis, but Russians can both drain the Kremlin of key
of extraordinary ability, and must a well-founded fear of persecution will be subject to Title 42. Given talent and shelter civilians who face
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demonstrate that the beneficiary based on past persecution or a risk of the Putin regime’s recent increased danger in Russia through the effec-
meets the relevant criteria. There future persecution due to their race, sanctions on those who even discuss tive deployment of US immigration
are other visa options under immi- religion, nationality, membership in the war against Ukraine, Russian na- policy. As the atrocities committed
gration law, such as the H-1B visas a particular social group, or political tionals who have openly opposed the by Putin increase by the day, Rus-
and permanent residency in the em- opinion may be eligible for asylum. invasion could potentially have a vi- sian nationals themselves, and the
ployment and family based catego- They must be in the US or must be able political opinion-based asylum United States’ reception of these
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ries, although we have highlighted apply at a land border post or port claim. individuals, may be a key to achiev-
two that would be applicable to the of entry. If they come in through The Biden administration has ing peace.
“best and brightest.” Mexico and apply at the Southern recently announced that the Unit- (This blog is for informational pur-
Finally, Russian nationals who Border, they will be subject to Title ed States will accept up to 100,000
have publicly expressed opposition 42 that has been used by both the Ukrainian refugees, but U.S. im- poses and should not be viewed as a
substitute for legal advice).

to the war, or even reported on it, Trump and Biden administrations migration policy assist the victims
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may also be eligible for asylum in the to block asylum seekers out of fear of Russia’s invasion of the Ukraine *Kaitlyn Box graduated with a JD
United States. Russia has already that they will bring Covid-19 into the in another way, also. By attracting from Penn State Law in 2020, and
opened cases, both administrative US. The Biden administration has highly skilled Russian nationals who is an Associate at Cyrus D. Mehta &
and criminal, against people who exempted Ukrainians from Title 42 oppose the war, the United States Partners PLLC.
have protested or written about the
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war. As noted, on March 4, 2022 _________________________________________________________________________________________________________
Russia enacted two laws, adopted Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
and brought into force on March Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
4, that criminalize independent war mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
reporting and protesting the war, Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
with penalties of up to 15 years in
prison. The laws make it illegal to of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
spread “fake news” about the Rus- Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
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sian armed forces, to call for an end Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
to their deployment and to support on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
sanctions against Russian targets. Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
On March 23, 2022, Russia’s Par- and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
liament adopted amendments ef-
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fectively expanding the ban on crit- immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
icizing the armed forces to banning the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
criticism of all Russian government in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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