Russian family still hoping to avert deportation

By Emily Richmond (contact)

Thursday, April 21, 2005 | 10:54 a.m.

A family of Las Vegas figure skaters facing deportation to their native Russia has adopted a familiar American expression as its motto: hope for the best, prepare for the worst.

"We are very worried right now," said Anna Petrachenkova, who is slated to be deported June 26 along with her husband and their 11-year-old son. "I try to stay calm but it is difficult."

Petrachenkova and Vladimir Khatin first sought political asylum in 2000 when their contract as performers with "Moscow Stars on Ice" ended and their visas expired. After four years of legal battles the 9th U.S. Circuit Court of Appeals denied their claim and the family was given a deportation date of March 24.

Rep. Jon Porter, R-Nev., successfully intervened and secured a three-month stay of deportation but will take no further action to keep the family in Las Vegas at this time, a spokesman for the congressman said Wednesday.

"The reason for the stay was to allow the family to tie up loose ends before moving back to Russia and applying for visas through the normal application process," said Porter spokesman Ryan Temme. "I know the congressman is planning on supporting them in that to ensure things move as smoothly and rapidly as possible."

Petrachenkova and Khatin sought political asylum on the grounds that they faced threats and extortion from the local police and gangsters in their hometown village outside of Moscow. But American immigration officials, and later, the courts, said fear of extortion doesn't meet the threshold for political asylum.

Petrachenkova and Khatin both teach at the Las Vegas Ice Center. Their son, Timofey, is working his way up the junior skater ranks and has said he hopes to one day compete for the United States in the Olympics. Timofey is also an honors student at Odyssey Charter School.

Some supporters of the family have urged members of Nevada's congressional delegation to sponsor a private bill that would allow them to remain in the United States. Skating rink students and their families circulated petitions and collected more than 3,000 signatures.

But the success rate for the bills is low, Temme said.

"The feeling is that so few of them get passed, it wouldn't be something that is practical at this point," Temme said.

Las Vegas immigration attorney Jeremiah Wolf Stuchiner, who represented the family before the 9th Circuit Court, said he urged the family nearly a year ago to return to Russia while they were still classified under "voluntary departure" by immigration officials.

Then one of the family's supporters could have filed a "labor certification" on their behalf, demonstrating that Petrachenkova and Khatin possess special skills and there are no U.S. citizens willing and able to take the job, Stuchiner said. The family might then have been able to return to the United States on the basis of their special skills.

"How many professional skating coaches are there in Las Vegas with their level of ability?" Stuchiner said. "Not many, I'll bet."

But Petrachenkova and Khatin resisted that advice, Stuchiner said. And now that the deportation process is under way, the family will face additional red tape if they attempt to return to the United States, Stuchiner said.

The family would need to get a waiver of the involuntary deportation order before they could attempt to return to the United States as specially skilled workers, Stuchiner said.

"I feel for them, it's a very sad situation," Stuchiner said.

Immigration and Customs Enforcement officials agreed to move the deportation date to June 26, provided that Petrachenkova and Khatin "demonstrate you are making arrangements to depart the United States."

The family is scheduled to meet with immigration officials May 6 at the Las Vegas office and must bring documentation that they have applied for Russian passports.

Petrachenkova said she sent the passport applications via certified mail to the Russian Embassy in San Francisco and is waiting for a response. But that doesn't mean they have given up their fight to remain in the United States. She is currently searching for a new immigration attorney but so far has no takers.

"We are doing what they tell us to do for the paperwork," Petrachenkova said. "But we still want to stay here."