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How to Seek LGBTQIA+ Asylum in the US with D’Alessio Law

If you are a member of the LGBTQIA+ community and you fear persecution in your home country because of your sexual orientation or gender identity, you may be eligible for asylum in the United States. Asylum is a form of protection that allows you to stay in the US legally and eventually apply for permanent residency and citizenship. However, applying for asylum can be a complex and challenging process, especially if you are unfamiliar with the US immigration system or face language barriers. That’s why you need the help of an experienced and compassionate immigration law firm like D’Alessio Law.

What is LGBTQIA+ Asylum?

LGBTQIA+ asylum is a type of asylum that is based on persecution or fear of persecution on account of one’s sexual orientation or gender identity. According to the US Department of Homeland Security (DHS), LGBTQIA+ people may face “increased risk of harm in Mexico due to their sexual orientation or gender identity”, as well as in many other countries around the world where they can be imprisoned, tortured, or killed for who they are. The US began granting asylum to LGBTQIA+ people in 1994, recognizing them as a “particular social group” under the international refugee definition.

To qualify for LGBTQIA+ asylum, you must prove that:

  • You are a member of the LGBTQIA+ community or are perceived as such by your persecutors;
  • You have suffered past persecution or have a well-founded fear of future persecution in your home country;
  • The persecution is based on your sexual orientation or gender identity;
  • The persecution is committed by the government or by groups that the government is unable or unwilling to control;
  • You are unable or unwilling to return to your home country or seek protection there.

How to Apply for LGBTQIA+ Asylum?

To apply for LGBTQIA+ asylum, you must file Form I-589, Application for Asylum and Withholding of Removal, with USCIS within one year of arriving in the US. You must also submit evidence to support your claim, such as:

  • Documents that show your identity, nationality, and membership in the LGBTQIA+ community;
  • Documents that show the conditions and laws affecting LGBTQIA+ people in your home country;
  • Documents that show the persecution or harm you have suffered or fear in your home country;
  • Affidavits from yourself and others who can corroborate your story;
  • Expert reports from medical, psychological, or country conditions experts.

You may also be required to undergo a credible fear interview at the border or an asylum interview at a USCIS office, where you will have to answer questions about your claim and explain why you are afraid to return to your home country. If USCIS approves your application, you will be granted asylum status and receive an employment authorization document (EAD) and a social security number (SSN). You will also be eligible to apply for a green card after one year of being granted asylum.

How Can D’Alessio Law Group Help You?

Applying for LGBTQIA+ asylum can be a daunting and stressful experience, especially if you face discrimination, harassment, or violence in the Mexico while waiting for your case to be processed. That’s why you need the guidance and support of D’Alessio Law.

D’Alessio Law can help you by:

  • Providing you with a free consultation to evaluate your eligibility and options for LGBTQIA+ asylum;
  • Preparing and filing your Form I-589 and all supporting documents with USCIS;
  • Representing you at your credible fear interview or asylum interview with USCIS;
  • Advocating for your rights and interests throughout the asylum process;
  • Assisting you with obtaining an EAD, SSN, and other benefits after being granted asylum;
  • Helping you apply for a green card and citizenship when you are eligible.

In D’Alessio Law we have a team of dedicated and experienced immigration attorneys who understand the unique challenges and needs of LGBTQIA+ asylum seekers.

If you are an LGBTQIA+ person who is seeking asylum in the US, don’t hesitate to contact D’Alessio Law today. They will provide you with a free consultation and help you achieve your dream of living a safe and free life in the US.

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Founder & CEO
Lorraine D'Alessio
Lorraine D'Alessio

CEO and Founder of D’Alessio Law Group, Lorraine D’Alessio was named the 2017 Leader in Law by the Los Angeles Business Journal and is the recipient of the 2018 Enterprising Woman Award.

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