Asylum is a protection that the United States government offers to people who have been persecuted in the past in their home country or who fear future persecution if they return to their home country. There are a range of reasons why someone may seek asylum, but one particular basis is an individual’s sexuality. An LGBTQ individual may be eligible to qualify for asylum in Doraville if they are at risk of persecution for being a member of a “particular social group.”
If you are a member of the LGBTQ community and want to seek protection in the United States, you should contact an experienced asylum attorney who could work diligently to ensure that your application is approved by the government and allow you to remain in the country. En Español
LGBTQ individuals are often able to seek asylum because they belong to a group of individuals who share a characteristic that has been persecuted because of their membership in that group. Both transgender people and homosexual or queer people are considered members of a qualifying group for asylum because these are characteristics that are considered apparent that a person cannot or should not change.
An individual will have to testify that their fear of persecution is justified and support your testimony with sufficient evidence, such as proof of a history or pattern of persecution in their home country.
There is often a grey area with asylum where one’s identity can also overlap with their political beliefs. For example, in the case of LGBTQ people, someone may both identify as gay and also hold the political belief that gay people deserve equal rights and protection under the law, which may mean that they are free to be open about their sexuality and affectionate with their partners in public.
The government will consider documentation that proves persecution or threat of persecution while processing an individual’s application. Common examples of persecution include the following:
The proof of persecution should detail the forms of harm or threats that an applicant has endured in their past or articles and reports about a pattern of persecution in their home country. Evidence may include police reports, photos of injuries, medical documents, and any record of threats that have been communicated to the asylum seeker. In addition, letters and affidavits from people who have witnessed or who know about the harm or threats can be helpful.
It can often be difficult to gather evidence of harm or threats that have been committed, especially if the people persecuting you are the police or the government. This means that the assistance of a Doraville attorney can be particularly crucial when attempting to prove that an LGBTQ applicant’s persecution is enough to qualify for asylum.
If you are applying for asylum to escape persecution for your sexuality, an experienced member of our team could help you collect, organize, and present relevant evidence to the court and ensure that you are granted the protection you need. A Doraville attorney understands the complex long-established immigration laws and regulations and how they must apply to LGBTQ identities as protected categories in asylum cases. Contact our office today to schedule a confidential consultation and learn more.