LGBTQ immigrants enjoy the same rights under immigration law as all other non-citizens. However, there are some areas where LGBTQ immigrants might face unique challenges. At Lunel Law, we understand these challenges and assist you with a personalized approach. David Lunel has been an advocate for years for sexual minorities and the LGBTQ community.
Immigration Status Through a Same-Sex Spouse
Currently, same-sex marriage is legal in every state in the country. This means that U.S. citizens and legal permanent residents can petition for their same-sex spouses to get immigration status like a visa or a green card.
However, many applicants face challenges with their green card applications due to their sexual orientation. On various occasions, their sexual orientation is kept secret and they do not have a lot the support of their families. At Lunel Law, we understand the specificities of an application based on same-sex marriage and will assist you with the different steps of the process. Be careful to avoid fraud by notarios or unqualified legal service providers and know your rights in case you or your spouse or partner ever come in contact with immigration authorities.
Asylum for the LGBTQ community
Asylum claims based on sexual orientation from countries where LGBTQ individuals are targeted for abuse or lack legal protections have been successful in the past but pose different challenges to the applicants.
Generally, LGBTQ applicants for asylum qualify based on their particular social group. “Particular social group” is a legal term to describe a group of people that share things in common that they cannot change. Some examples of PSGs could be gay Russian men, people living with HIV or AIDS in Honduras, sexual minorities in Uganda, or transgender women in El Salvador among others.
In addition, LGBTQ people who are involved with LGBTQ or HIV/AIDS rights group may use political opinion as a ground for asylum or withholding of removal claims. In that case, the political opinion could be the belief that LGBTQ people must be treated fairly, or that everyone with HIV should have good medical treatment.
Recently, the Board of Immigrations Appeals clarified the adjudication of asylum application in removal proceedings and explained that adjudicators should not expect a respondent to hide his or her sexual orientation if removed to his or her native country.
It’s imperative that those affected by this category seek qualified legal help at the earliest opportunity. At Lunel Law, we have extensive experience in LGBTQ asylum, and we provide a full-service representation for any asylum applicant, before USCIS or before an immigration court.