LGBTQ+ and Asylum FAQ's

1. What is asylum?**
Asylum is a form of protection granted to foreign nationals in the United States who have suffered persecution or have a well-founded fear of future persecution due to race, religion, nationality, membership in a particular social group, or political opinion.

2. Can LGBTQ+ individuals seek asylum in the U.S.?**
Yes, LGBTQ+ individuals can seek asylum if they face persecution in their home country due to their sexual orientation or gender identity.

3. What qualifies as persecution for LGBTQ+ asylum seekers?**
Persecution may include threats, violence, imprisonment, torture, or discriminatory laws or practices that target LGBTQ+ individuals.

4. Is there a deadline for applying for asylum?**
Generally, you must apply for asylum within one year of your last arrival in the U.S., with some exceptions.

5. Can I apply for asylum if I'm in Massachusetts on a visa?**
Yes, you can apply for asylum regardless of your current immigration status, as long as you meet the eligibility criteria.

6. How do I apply for asylum on the basis of my sexual orientation or gender identity?**
You apply by submitting Form I-589, providing detailed evidence of your LGBTQ+ identity and the persecution you face.

7. What evidence can support my LGBTQ+ asylum claim?**
Evidence may include personal affidavits, country conditions reports, police or medical reports, letters of support, and proof of your LGBTQ+ identity.

8. Do I need a lawyer to apply for asylum?**
While not required, it is highly recommended to have legal representation due to the complexity of asylum cases.

9. Can my same-sex partner be included in my asylum application in Massachusetts?**
Yes, if you are legally married, your partner can be included as a derivative in your application.

10. What happens after I apply for asylum?**
You'll be scheduled for an interview with an asylum officer or, if referred, for a hearing before an immigration judge.

11. Can I stay in the United States while my asylum application is pending?**
Yes, you can remain in the U.S. while your application is being processed.

12. Can I work while my asylum application is pending?**
You may apply for a work permit if 150 days have passed since you filed your complete asylum application and no decision has been made.

13. What if my asylum application is denied?**
You can appeal the decision within 30 days, or you may be placed in removal proceedings where you can request asylum as a defense against deportation.

14. Are there any public benefits available to asylum seekers in Massachusetts?**
Asylum seekers may be eligible for certain benefits such as emergency medical assistance and, once granted asylum, for more public benefits.

15. What if I'm afraid to return to my country due to my LGBTQ+ status, but it has been more than one year since I arrived in the U.S.?**
There are exceptions to the one-year filing deadline if you can demonstrate changed circumstances or extraordinary circumstances.

16. Is same-sex marriage recognized by U.S. immigration law for asylum purposes?**
Yes, the U.S. recognizes legally valid same-sex marriages for immigration purposes.

17. Can I travel outside the U.S. while my asylum application is pending?**
Travel outside the U.S. can jeopardize your asylum claim. You should consult with an attorney before any travel.

18. What kind of legal protections does Massachusetts offer to LGBTQ+ individuals?**
Massachusetts law prohibits discrimination based on sexual orientation and gender identity in employment, housing, public accommodations, credit, and education.

19. Does Massachusetts offer any special services for LGBTQ+ asylum seekers?**
Various organizations and law firms in Massachusetts may offer specialized services for LGBTQ+ asylum seekers, including legal aid and support groups.

20. Can I apply for a Green Card after being granted asylum?**
Yes, one year after being granted asylum, you may apply for lawful permanent resident status.

21. Does persecution have to be government-sponsored?
Persecution can be by the government or by groups that the government is unable or unwilling to control.

22. What if the situation in my country improves after I'm granted asylum?
Asylum status is typically not revoked due to changing country conditions, but you should consult with an attorney for individual cases.

23. How does U.S. asylum law define a "particular social group" for LGBTQ+ claims?
A "particular social group" is a group that shares a common, immutable characteristic that the group either cannot change or should not be required to change because it is fundamental to their individual identities or consciences.

24. Can transgender individuals seek asylum?
Yes, transgender individuals can seek asylum based on membership in a "particular social group" if they face persecution.

25. Will my asylum case be kept confidential?
Yes, information related to your asylum claim is protected and not disclosed without your consent.

These responses provide a basic framework and should be followed up with professional legal advice as each case can have unique circumstances.