Individuals who want to qualify for LGBTQ Asylum must demonstrate a credible fear of persecution, provide documentation that establishes their identity, e.g., a marriage certificate to a person of the same gender, maintain consistent testimony, and provide comprehensive proof of an inhospitable or dangerous political climate of their country.
Demonstrate a Credible Fear of Persecution
Many LGBTQ people regularly undergo harassment or bullying. Unfortunately, that behavior is insufficient to establish persecution. For asylum purposes, it is not in the same league as receiving threats of violence or being the victim of violence because of your sexual orientation.
If you have suffered persecution due to your sexual orientation in your native country, submit a detailed affidavit outlining your experiences to the immigration judge. The documentation should include names, dates, and the exact nature of events. In addition, forced “gay conversion therapy” may also qualify as persecution.
What Type of Documentation Can Establish Your LGBTQ Identity?
Establishing your LGBTQ identity before an asylum judge is critical. Such proof may include a marriage certificate showing you are wed to another person of the same gender, a new birth certificate proving sexual reassignment, or membership in LGBTQ organizations.
Provide Comprehensive Country Conditions Documentation
It is up to you to prove to the judge that persecution due to sexual orientation in your native country is pervasive and that you are in imminent danger. Such proof may include news articles about persecution against LGBTQ people, government directives or laws targeting people due to sexual orientation, or evidence that LGBTQ people in your country are at risk of imprisonment or even death.
Maintaining Consistent Testimony
It is crucial that you maintain consistent testimony throughout the asylum process. The judge will ask you questions during your hearing, and your answers must remain believable. Whether your asylum application is approved depends on whether the judge finds your testimony credible. We can help ensure that your application, documentation, and testimony maintain the necessary consistency and credibility.
Secure Legal Representation
When it comes to seeking asylum, time is of the essence. Generally, you have one year from the time of your admission to the U.S. to apply for asylum, although exceptions apply. That is why you should hire an attorney specializing in representing LGBTQ asylum seekers as soon as possible. If you overstay your visa or enter the U.S. illegally, immigration authorities may arrest you. Should that happen, and you are placed into removal proceedings, receiving asylum may become much less likely.
Contact Bassey Immigration Law Center
For LGBTQ individuals seeking asylum in the U.S., Bassey Immigration Law Center offers experienced and diverse attorneys to assist in the complex asylum process. Our multilingual team is dedicated to helping clients achieve citizenship goals and welcomes the opportunity to support you in building a life in the U.S. Contact us via email or phone to schedule a consultation with an immigration attorney. We take pride in aggressively addressing the specific immigration legal needs of the global LGBTQ community, emphasizing diversity, mutual respect, tolerance, and open communication.