People who face danger and persecution in their home countries based on certain characteristics can seek asylum in the US. This status allows them to live and work in Florida safely. Seeking asylum is especially important for many foreign nationals who are LGBTQ+. LGBTQ asylum seekers request this status in the US because they have a well-founded fear of being persecuted because of their sexual orientation or gender identity. To win an asylum claim, LGBTQ individuals must prove they won’t be able to live safely in their home country if returned. While this can be challenging, the Miami immigration lawyers at Pozo Goldstein recently won an asylum claim for a Serbian national based on her LGBTQ status and fear of persecution.
Miami Immigration Lawyers Win Claim for LGBTQ Asylum Seeker
A woman who is a member of the LGBTQI+ community from Serbia sought asylum in the US. She had a well-founded fear of persecution if she was returned to her home country because of her sexual orientation. The woman hired the Miami immigration lawyers at Pozo Goldstein to represent her in her asylum claim. Even though the US government opposed her asylum claim, our Miami immigration lawyers successfully convinced the judge to grant asylum to her. The judge’s decision was based on the likelihood our client would be persecuted in the future if she were to return to Serbia.
Understanding LGBTQ+ Asylum Claims
Asylum is a legal protection that allows foreign nationals to live and work in the US without being returned to their home countries when they face persecution based on one of the following characteristics:
- Race
- Membership in a political group
- Religion
- Nationality
- Membership in a marginalized social group
LGBTQ+ asylum claims are requests made by people who are persecuted based on their gender identity or sexual orientation for protection. An individual must be able to show they face threats or danger if they return to their country under one of these five categories. LGBTQ+ individuals can ask for asylum based on their nationality, political opinion, religion, or race if applicable, but they will have to demonstrate a well-founded fear based on those categories. You can also apply for asylum based on your membership in a social group, which applies to LGBTQ+ claims when the other four categories don’t apply.
LGBTQ+ Asylum Claims – Legal Standards
To qualify for asylum based on your sexual orientation or gender identity, you must prove you have faced threats or persecution or will in your home country because of your membership in the LGBTQ+ community. You’ll need to show the persecution you faced or will face is severe and that your home country can’t protect you or is unwilling to.
This can include torture, severe discrimination, or imprisonment because of your sexual orientation or gender identity. Some examples of evidence that can be used to demonstrate the validity of your fear include:
- Newspaper clippings about the treatment of LGTBQ+ people in your country
- Threatening WhasAPP messages sent to you
- Threatening emails or text messages sent to you because of your sexual orientation or gender identity
- Evidence of your past imprisonment because of your sexual orientation or gender identity
Factors Judges Consider for an LGBTQ Asylum Seeker
Judges consider multiple factors when deciding LGBTQ+ asylum claims, including the human rights record of your home country, your personal story, and the evidence of persecution you present. If you come from a country with a record of human rights abuses and laws that criminalize those with LGBTQ+ identities, your case will be stronger. Your Miami immigration lawyer at Pozo Goldstein can help gather evidence about your country’s human rights record with LGBTQ+ people to demonstrate the validity of your fear of persecution.
You must have a compelling personal story that you can convey to the judge. Your story must be consistent, detailed, and supported by evidence of your experiences and fears. Your story must be consistent throughout the application process. You should write an outline of your experiences in chronological order to help you stay on track.
The evidence you gather is critical to win an LGBTQ+ asylum claim. You can gather medical records showing injuries you suffered because of severe discrimination, police reports from arrests for your sexual orientation or gender identity, news articles, and witness statements. You must prove you have a well-founded fear of persecution or that you were persecuted in the past to succeed with your asylum request.
Consult an Experienced Miami Immigration Lawyer
If you are an LGBTQ asylum seeker who fears for your safety if you were returned to your home country, you should speak to the immigration attorneys at Pozo Goldstein. An experienced immigration attorney can make a significant difference in the outcome of your asylum request. Our legal team includes former immigration prosecutors and a former judge with a deep bench of knowledge about asylum claims and immigration proceedings. Call us today at (305) 856-0400.
