Jump to Navigation

Study findings on LGBT asylum applicants

Currently, there are several circumstances under which foreign nationals can file for protection in the United States. The specific categories of persecution include: race, nationality, religion and affiliation to a specific political opinion or social group. Many people currently living in cities like Miami qualify for asylum in the U.S. However, countless others may not be aware of the fact that they can seek protection and legal permanent resident status in this country.

30 years ago, a Cuban refugee successfully filed an asylum claim in the U.S. on the grounds of persecution in his country of origin for his sexual orientation. The case set precedent for persecution for sexual orientation being grounds for asylum protection. Today, however, some evidence suggests that few LGBT immigrants in the U.S. are familiar with such asylum guidelines or pursue protections for themselves.

The Center for American Progress recently published a report on asylum and immigration protections for LGBT foreign nationals, and found that there are several factors that play a role in when and whether immigrants pursue asylum claims. According to the report, the one-year deadline on filing an asylum claim is often missed by LGBT immigrants because they are traumatized and/or unaware of the guidelines. The report explains that foreign nationals who have been persecuted in their country of origin for issues concerning gender identity and/or sexual orientation can have a difficult time disclosing such information to government officials for immigration purposes. Beyond that, it was also determined that LGBT immigrants who are allowed to pursue their asylum claims with US Citizenship and Immigration Services are more likely to win their case than those who are held in detention or deportation proceedings.

Source: Miami Herald, “Report: LGBT immigrants may obtain asylum easier if they are not in detention deportation proceedings,” Alfonso Chardy, June 19, 2015

No Comments

Leave a comment
Comment Information
  • facebook
  • facebook
  • twitter
  • Google+

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Cuevas, Garcia & Torres, P.A.
Attorneys at Law

Miami
7480 S.W. 40th Street
Suite 600
Miami, FL 33155
Toll Free: 877-801-4135
Phone: 305-461-9500
Fax: 305-448-7300
Map and Directions

Midtown Miami
3401 North Miami Avenue 
Suite 209
Miami, FL 33127 
Map and Directions

FindLaw Network