As important as the subject of asylum seekers may be, it does tend to get overlooked in the context of immigration. Those who live in foreign countries may endure threats and physical acts of violence due to their connection with a group.
There are laws in this country that allow asylum for those who can prove that they live in fear of persecution within their country of origin. Those who are victimized and abused because of their sexual orientation or gender identity can seek asylum in America.
Applying For Asylum
Though this blog is mainly about people within the LGBTQ community, it is essential to note that other groups may apply for asylum as well:
● Sexual orientation & gender identity
● Political affiliation
● Political opinion
Strongly consider finding an attorney who will represent you. Your chances of winning your asylum case are significantly higher with an attorney.
There are two ways in which someone can obtain asylum:
1. Affirmative Process
2. Defensive Process
The affirmative asylum process is for those who are in the United States already. Your immigration status and how you came to this country are not relevant. But you need to file for asylum within one (1) year of entering the United States. You and your attorney may overcome this by proving specific circumstances prevented you from doing so.
In contrast, the defensive application for asylum pertains to people who are already in the process of being removed from this country. Applicants who originally applied under the affirmative action process may ultimately end up here.
There are several ways in which this can happen. An asylum officer may conclude that you are ineligible for asylum after you file through the affirmation asylum process. In addition, if you were detained at a port or the border, you can still apply for asylum this way.
The Other Side Will Have A Lawyer
One of the biggest challenges you will face is presenting your case and argument before an immigration judge. This is only for the defensive application for asylum. For an affirmative application for asylum, you will present your claim to an asylum officer.
And you shouldn’t have to do this alone. Your attorney can and will assist you throughout the process.
There is a possibility that Immigration and Customs Enforcement (ICE) will argue against your claim of seeking asylum. They will have an attorney present this for them. Have someone advise you of your rights and see that they are protected.
Cuprys & Associates
At Cuprys & Associates, we help immigrants realize their American dream. If you are part of the LGBTQ community and are seeking asylum due to persecution, contact us to schedule a consultation.