LGBT Asylum

Advice for Lesbian or Transgender Asylum Applicants

Asylum based on sexual orientation ("gay asylum") or transgender status is a well-established ground for asylum where an individual has suffered persecution in the past or has a well-founded fear of persecution if returned to their home country. Because of the extremely difficult and dangerous conditions for LGBT people in many countries, asylum on the basis of sexual orientation can be an effective means of obtaining lawful status in the United States.

At Wiley & Jobson, our lawyers have helped many gay, lesbian and transgender applicants obtain asylum, including individuals from Latin American, the Middle East, Africa and Asia. Contact us in our downtown San Francisco office for more information.

As in other asylum cases, the law requires that an applicant apply for asylum within one year of entry into the United States. There are exceptions to the one-year deadline, including extraordinary circumstances and changed circumstances. Some examples of exceptions that have been accepted by the Asylum Office and the Immigration Court include serious illness, psychological difficulties, maintenance of other lawful immigration status until a reasonable time before applying, changes in the home country that increase the risk of persecution, or changes in the applicant's status or activities that increase the risk of persecution, which may include "coming out," or gender transition. This list is not exhaustive, and if you have missed the filing deadline but are afraid to return to your country, you should consult an attorney as soon as possible.

It is important for many transgender immigrants to know that the Board of Immigration Appeals has held that, where a marriage is valid in the state where it took place, it is valid for immigration purposes, as long as there is no contrary federal law. There is no federal law against transgender marriage. Therefore, where one spouse is transgender, as long as the marriage is valid where it took place, it is valid for immigration purposes. Contact our office for more information.

Our office also helps persons with HIV apply for a waiver of inadmissibility in connection with applications for permanent residence. Both Joye Wiley and Cara Jobson are volunteers on the AIDS Legal Referral Panel and have extensive experience with this issue.

For more information about our ability to help with lesbian or gay asylum applications or GLBT visa or removal problems, contact a California immigration lawyer at Wiley & Jobson in San Francisco.