Maryland LGBTQ Asylum Lawyer
When trying to obtain asylum as an LGBTQ individual, you may be tasked with several roadblocks. However, with the help of a Maryland LGBTQ asylum lawyer, you may be able to overcome these hardships with their experience and knowledge of immigration law. A seasoned attorney could guide you throughout the application process and provide you with support should your application be denied. For more information, schedule a consultation today.
What to do if an Asylum Application is Denied
If an asylum applicant is not granted asylum at the asylum office, they would receive a referral notice. Their case would then be transferred to the immigration court where they get a second opportunity to present their asylum claim. However, just because they receive a referral to the immigration court does not mean that the asylum applicant would be deported. They do have a second opportunity to go before an immigration court judge and present their asylum claim and include additional evidence if they wish.
Immigration Judge’s View on an LGBTQ Individual’s Fear of Persecution
The immigration judges view the asylum claims of LGBTQ individuals in the same way as any other asylum application. An immigration judge would determine whether the applicant has suffered past persecution by evaluating the applicant’s testimony, supporting documents, and country evidence. If the applicant has not suffered past persecution, then an immigration judge would determine whether there is a well-founded fear of future persecution based on country conditions.
A judge may then determine if the harm suffered or feared is because the applicant is a member of a particular social group, the LGBTQ community, or their personal beliefs (political or religious) supporting LGBTQ issues. The last factors for the judge to determine are whether the country of origin is unwilling or unable to protect the applicant, whether internal relocation is possible, and whether there are any criminal or legal grounds to deny asylum.
Victimization for Identifying as LGBTQ in Maryland
If the asylum applicant has been victimized, meaning that they were the victims of a crime in the United States, they can proceed with their asylum claim. In addition, since they have been the victims of crime, they might be eligible to apply for a U visa for victims of certain crimes in the U.S. Whether someone is eligible for U visa benefits is determined on a case-by-case basis. If someone has been a victim of a crime and is wondering if they are eligible for a U visa, it is vital to speak with an attorney for more insight.
Important Factors for Applying for Asylum Based on Sexual Orientation or Gender Identity
An important factor an individual must consider before applying for asylum based on their sexual orientation or gender identity is ” What is my country’s current position on LGBTQ members? Is it a very progressive country where if I am the victim of a hate crime due to my sexual orientation or gender identity, the government will help me and prosecute anyone who commits those crimes?” If the answer is “yes” then it may be difficult to show that the applicant is not able to return to their country of origin because the government is willing to help them there.
If the asylum applicant’s government is not willing to help them, there are some steps that have to be considered before applying for asylum here in the United States. First, are they applying for asylum within one year of their last entry into the United States? If not, they would have to show the circumstances as to why they were not able to file within one year.
Contact a Maryland LGBTQ Asylum Attorney
One of the main benefits of sitting with an attorney is that you would be able to discovery what avenues of relief are available to you. A Maryland LGBTQ asylum lawyer may be able to sit down with you and review your immigration, employment, and family history and determine whether you could qualify for any other form of relief. An attorney could also help determine whether you may no longer qualify for asylum. Schedule a consultation to find out more.