Donald Trump managed to offend many classes of people on his way to being elected to the White House. Even if you are a white wealthy male, surely there is still something wrong. You are either not white enough (let’s see where your DNA has travelled), not wealthy or poor enough, and, by the way, were you born as a man?
Some are protesting his election. There is another option. Ukraine receives refugees and asylum seekers.
Indeed, those out of favor with Trump and his followers will soon feel the country is too crowded for them. Refugees from the U.S. will be quite comfortable here as our nongovernmental organizations have been learning about democracy and communications from the experience of our U.S. colleagues. Therefore, they will feel at home here..
This is how seeking asylum in Ukraine would look like:
- You should not be a citizen of Ukraine.
- You must have well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. In other words, simply record several Trump’s statements on TV or in print media.
- You must be outside of the US borders.
- You can apply for asylum directly at the airport. However, I do not recommend that. Boryspil (Mazepa) and Zhulyany airports are not the most convenient places for that. It is better to go to state authorities together with a lawyer. Upon arrival, you have five days to submit your application. There are numerous state holidays in Ukraine, which means that submission deadlines are floating.
- If you cross the border illegally, you should apply immediately.
- The application process includes dactyloscopy (fingerprinting).
- You will receive an applicant’s certificate, which you will use instead of your passport. During the next 15 days, expect an interrogation or pleasant conversation about the reasons for your visit to Ukraine. Be prepared to hear a lot of jokes about Hillary Clinton. Do not lose heart. Remember that your goal is protection in Ukraine. This is a good time to present information about Trump’s statements.
- You can be provided with a lawyer and interpreters. If the interpreter does not respond to your questions and pretends not to hear them, it’s not a good sign. Most likely, he is not familiar with your dialect or has received a degree while studying full-time at the prosecution academy.
- If your application has been declined, courtroom is your destination. It is better to be well-prepared in advance. Never go to court on your own. It may be hard to accept, but in Ukraine it is simply impossible. Do not think, just contact a lawyer.
- After you receive a written negative decision, you have five days to appeal. Otherwise, they will not only take away the quasi-passport, but also will inform police on your whereabouts.
- A refugee certificate (international protection certificate) in Ukraine is valid for five years. It means that you will be able to stay in the country of rich history, tradition, and tolerance for another year after the end of Trump’s term.
What are the possible impediments to becoming a refugee in Ukraine? Answer the following test questions:
- Have you committed a crime against peace, a war crime, or a crime against humanity?
- Have you committed a non-political crime outside of Ukraine prior to arrival to Ukraine? If so, check out the Criminal Code of Ukraine to see whether it is considered a grave/particularly grave crime under the Code.
- Are you guilty of acts contrary to the purposes and principles of the United Nations?
- Have you been recognized as a refugee in another country?
- Have you been in a third safe country prior to arrival to Ukraine? (no, Russia is not one of them)
If you answered “yes” at least once, you have almost zero chance. Why almost? Have a talk with a lawyer. Perhaps, there was reasonable self-defense or another justification. It’s the lawyer’s job to look into the law.
Bonus: Remember if you had been to Ukraine before, or whether you have offsprings or family members in Ukraine. If yes, you can also use the right to family reunification.
Kseniya Prokonova is a lawyer and junior partner in white-collar crime with JUSCUTUM attorneys association.
