Virginia LGBTQ Deportation Defense Lawyer
Members of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community in Virginia have options for defense if they are facing deportation. However, U.S. immigration law is complex, and it may be difficult to understand how to take advantage of available opportunities.
For that reason, many people choose to work with a Virginia immigration lawyer who has previously prepared an LGBTQ asylum application. A skilled immigration attorney who understands LGBTQ immigration concerns can pursue every available avenue of relief from removal.
Asylum May Be an Option
In many nations, LGBTQ individuals face dangerous persecution. Return to one of these countries can result in violence against these individuals, as well as severe discrimination, including the inability to obtain employment, housing, or even medical treatment. These factors can provide grounds for a grant of asylum.
When the U.S. government grants asylum to an individual, that person may remain in the U.S. legally for an indefinite period and may qualify to obtain a Green Card after one year in asylee status. Asylum may be granted on the basis of race, religion, nationality, membership in certain social groups, or political beliefs when these aspects can cause someone to suffer persecution in their home country. The U.S. government recognizes those in the LGBTQ community as members of a protected social group who are therefore eligible for asylum.
In addition, LGBTQ individuals who have spoken out openly about their sexual orientation may also suffer persecution based on their political speech. Danger and oppression suffered due to political beliefs also provides grounds for a grant of asylum.
The Process of Seeking Asylum
The government processes asylum requests in different ways depending on the approach taken by the person seeking to remain in the U.S. Under the “affirmative” approach, the person asking for asylum files an application explaining their situation to the government and requesting a grant of asylum. The government will conduct an interview to discuss eligibility.
Under the “defensive” approach, the person involved does not seek asylum until they are in removal proceedings, when asylum provides a means to avoid deportation. When asylum is sought in this type of situation, the applicant’s eligibility will be challenged in a more adversarial fashion before an immigration judge. Assistance from a Virginia immigration lawyer can be especially helpful in this setting.
Other Options for Removal Defense
While asylum may provide grounds to avoid removal for many people, the government will not grant asylum to every person who applies. In some situations, it will not be appropriate to apply for asylum, and if someone applies when they do not have reasonable grounds for doing so, the government will not be favorably inclined toward granting relief of any kind.
When an attempt at seeking asylum is unsuccessful or inappropriate, a Virginia immigration lawyer can pursue other strategies. It may be possible to refute the grounds asserted for removal by the government. If it is not feasible to show that an individual is not removable, it may be possible to obtain withholding of removal or other forms of relief.
Consult a Virginia Attorney on LGBTQ Deportation Defense Strategies
Many forms of removal relief are granted at the judge’s discretion, so presenting a case in a compelling manner can make a difference. Advice and counsel from a skilled Virginia immigration lawyer can enable you to put experience with successful strategies to work in your situation.
The deportation process can be frightening, so it can be reassuring to have a knowledgeable ally working for you and fighting for your rights. To learn how an immigration lawyer with experience in removal defense can help with your concerns, call now for a consultation.