In many parts of the world, members of the LGBTQ community face severe discrimination, hate crimes, and even death due to their sexual orientation or gender identity. Homosexuality is still criminalized in a staggering number of countries, with some even considering the imposition of the death penalty for these individuals. Many times, LGBTQ individuals are not aware of the protection available to them here in the United States.
Under the Immigration and Nationality Act, a person who has suffered persecution or fears future persecution may be granted asylum by USCIS or an Immigration Judge if they are able to prove that the persecution was due to their race, religion, nationality, political opinion, or membership in a particular social group. Case law has long recognized the LGBTQ community as a particular social group.
An individual is required to file for asylum within one year of their entry into the United States. Sometimes people enter the US to work or study and stay here for longer than one year. During that time the situation in their home country could rapidly change.
The changed country conditions exception to the one-year filing requirement serves as a crucial lifeline for individuals seeking asylum. This exception recognizes that circumstances in a person’s home country can evolve over time, and they may face increased risks or persecution due to changed political, social, or cultural conditions. For LGBTQ individuals, these changes can include the implementation of new laws, political shifts, or societal attitudes that pose a direct threat to their safety and well-being.
Here are two recent examples:
On March 21, 2023, Uganda’s parliament passed a highly controversial law that criminalizes identifying as LGBT. This legislation represents a significant setback for the rights of the LGBT community in Uganda, exacerbating the already precarious situation they face. The law’s consequences extend far beyond criminalizing same-sex relationships; punishments range from imprisonment to the death penalty.
Similarly in December of 2022, Russia signed a bill that banned the discussion of LGBTQ subject matter or public displays of LGBTQ relationships. Harsh fines and prison time awaits violators of the so-called “Gay Propaganda” law.
As the status of LGBTQ rights remain in flux in many parts of the world, it is important to know what legal protections you have while in the United States. When deciding to file for asylum, it is paramount that you have an attorney who understands the intricacies of the law while also comprehending the life-altering importance of your application.
ABOUT THE AUTHOR(S)
DANNY CHRISNEY – MANAGING LAWYER – PHOENIX
Danny Chrisney is the managing lawyer at the Wilner & O’Reilly | Phoenix office. The son of a Guatemalan immigrant, Danny speaks fluent Spanish. Growing up in the Latino community of Southern California Danny saw how our nation’s immigration laws could shape the lives of those around him. Danny received his Juris Doctor degree from the Sandra Day O’Connor College of Law at Arizona State University where he graduated with Highest Pro Bono Distinction. While attending law school Danny worked with USCIS at the Phoenix Field Office. There he received a Certificate of Appreciation for his legal research. He was also able to work as a law clerk for the Florence Immigrant and Refugee Rights Project, Children’s Division, a non-profit organization dedicated to providing legal services to unaccompanied minors and other refugees. He worked closely with Indigenous Guatemalan children in the areas of Asylum and Special Immigrant Juvenile Status.
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