Asylum for Gay Immigrants

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GAY ASYLUM in the U.S. — Immigration Attorney Heather Poole shares tips on procedure and issues unique to proving eligibility for gay asylum status with USCIS and the Immigration Court. If you fear returning to your home country, learn more about LGBT asylum here.

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Heather L Poole is the Author of “Immigration Attorneys & You: How to Choose Between the Right One & Those You Should Run From”, a nationwide public speaker, published author, and immigration attorney trainer on complex Immigration issues and an expert in Family Immigration Law including I-130s, Family Visas, Marriage Green Cards, Conditional Green Cards, I-751s, Abused Spouse (VAWA), and I-601 Waivers for Crimes, Unlawful Presence (3 year bar, 10 year bar), Misrepresentation (Lying to Immigration).


0:18 To be successful on an application for asylum based on being a gay immigrant or LGBT immigrant, you must show that you have suffered past prosecution on account of a particular ground protected by statute or have a well-founded fear of future prosecution on account of race, religion, membership in a particular social group or political opinion.
If you have been discriminated against or persecuted because you are gay in your home country, you could potentially fall within the political opinion protected ground and membership in a particular social group if you are associated in that group.
1:00 The applicant for asylum must show that the government is unwilling or unable to protect the applicant in their home country from harm if they return. In many countries where the police are part of the harassment of gays and lesbians, it is not a stretch for the applicants who are not willing to even go to a police to try to get protection but the applicant still has to show that there was no meaningful way to get a protection from the police.
. . . .An application for asylum must also be filed within one year of your last entry. The only exception to this rule is if you can show exceptional circumstances that caused the delay in filing before this point (the deadline). Your case if filed with CIS will first go to an asylum office for decision.
2:47 The direct testimony of the gay asylum applicant can be heavily relied on because there may not be proof that the police were uncooperative if it was unsafe for you to go to police in the first place. But if you cannot collaborate your testimony, it may not be enough. Testimony from an applicant by itself is usually not enough in an asylum claim anymore unless you can prove your testimony is both persuasive and credible and available evidence to support the testimony was not reasonably obtainable by you.
3:24 If you are concerned about going back to your home country because you are gay, transgender, lesbian or bisexual immigration even if it is beyond the one year deadline and you have not filed anything with the immigration, you still have option with Immigration and the court to file for the political asylum. There is also different types of removal relief such as withholding of removal and the convention against torture and withholding. There are options for you. Talk to an immigration attorney before doing anything drastic.
3:48 About Immigration Attorney Heather Poole: I am an expert in complex family base immigration cases and have a 98% approval rate for the past 12 years. I’m a nationally publish immigration author and frequent public speaker on immigration topics. I represent clients all over the US traveling to immigration and abused and deportation proceedings.

Other Videos To Watch:
Gay Marriage: Green Card Issues to Watch Out For: Part 1

Tips for Understanding the Green Card Process in the United States

5 Harmful Mistakes to Avoid in Your Immigration Case

Gay Marriage and Immigration: My State Won’t Recognize My Marriage

Other Great Resources:

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