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Deportation proceedings present unique challenges and opportunities for LGBTQ individuals who might face persecution if the U.S. government sends them back to their home countries. If you are an LGBTQ person facing deportation, it is absolutely critical to understand your rights and the defenses that are available to you.
Our deportation defense attorneys at Solano Immigration Law Firm could help you. We regularly handle cases that involve deportation proceedings and LGBTQ people in Doraville and the surrounding areas.
Deportation, now called removal, is the U.S. government’s legal process for requiring a non-citizen to leave the country. The proceedings start when the Department of Homeland Security serves you a Notice to Appear. This document details the government’s allegations against you and the legal grounds for your removal. An immigration judge will decide whether you must leave the country or if you qualify for relief to stay.
Our lawyers could represent you throughout these proceedings and fight for you to remain in the United States.
LGBTQ individuals facing persecution in their home countries because of their sexual orientation or gender identity may qualify for asylum. Many countries criminalize same-sex relationships or persecute people who engage in them, although they are not outlawed everywhere. Past persecution can also be a basis for seeking asylum. The attorneys in our Doraville office could assess how your status as a lesbian, gay, bisexual, queer, or transgender person might affect your removal proceedings.
During your removal process, our Doraville legal team could help you pursue protection that recognizes the unique dangers you face in your home country as an LGBTQ individual.
Asylum law recognizes LGBTQ individuals as members of a “particular social group,” one of the five protected grounds for asylum under U.S. law. This is one of the five protected grounds for asylum under international law. To win asylum, you must show that you suffered past persecution or have a well-founded fear of future persecution in your home country based on your sexual orientation or gender identity. Our attorneys could build a compelling asylum case on your behalf.
A strong case requires specific evidence, including:
Our lawyers could help gather and organize this evidence effectively.
If you do not qualify for asylum because of criminal convictions or filing deadlines, you might be eligible for another type of legal protection that is known as withholding of removal. You would seek it under the Convention Against Torture (CAT). To obtain CAT protection, you must show you are likely to be tortured if you return to your home country, regardless of the persecutor. We could assess which forms of protection best suit your circumstances.
Our attorneys in Doraville could explore legal strategies for your removal case that are unrelated to your status as a lesbian, gay, or transgender individual. These include family-based relief and screening interviews.
Because the Supreme Court decided same-sex couples have the same legal right to get married as opposite-sex couples, LGBTQ individuals can sponsor their same-sex spouses for green cards. If you are in removal proceedings and are married to a U.S. citizen or plan to marry one, it may be possible to adjust your status. However, your removal proceedings can complicate this process. You must file your applications strategically and understand how these proceedings affect your eligibility. Our lawyers could guide you through this process.
If you were approached by border control after arriving at the border or apprehended, you may have to undergo credible fear or reasonable fear screening interviews. The outcome will determine whether you can pursue asylum or some other protection. We could prepare you for these critical interviews and ensure you present your case effectively.
Deportation proceedings are frightening. However, if you are an LGBTQ individual facing persecution in your home country, special legal protections could prevent your removal from the United States.
Do not try to deal with the removal process alone. At Solano Immigration Law Firm, our attorneys have experience handling cases involving deportation proceedings and LGBTQ people in Doraville and throughout Georgia. Call us today to discuss your legal options.