Pride Month: 3 Solutions for LGBT Immigrants
In 2014, Ricky Nathanson used a women’s restroom in her native country of Zimbabwe. She was then arrested by police officers in riot gear and endured appalling treatment while in custody, only to be met with death threats when she was released. She was granted asylum in the United States due to credible fear for her safety because of her transgender identity.
Such persecution against the LGBT+ community is not uncommon: being gay is illegal in almost 70 countries, punishable by fines, prison time, corporal punishment and, in seven countries, the death penalty. Transgender expression is officially criminalized in 13 countries, with transgender individuals risking more vague charges in many more.
Because June is Pride Month, I would like to highlight several routes to immigration to the U.S. for LGBT+ individuals:
Image from Human Dignity Trust
I. Asylum Due to Persecution: Like Nathanson, many LGBT+ individuals face credible threats to their safety and lives in their home countries. One option is to apply for asylum. The United States Citizenship and Immigration Service (USCIS) welcomes asylum claims from people who fear or face persecution due to race, religion, nationality, membership in a particular social group, or political opinion. LGBT+ individuals must prove risk of harm by either the government, or the government’s lack of protection from vigilante violence. If asylum is not an option, they can apply for withholding of removal, citing the same risks of persecution.
II. Marriage: In 2015, the U.S. Supreme Court ruled to legalize and recognize same-sex marriages. This means that immigrants in same-sex marriages, or those who are engaged to be married, can apply for the same visas as immigrants in opposite-sex relationships. If the couple cannot marry in the fiancé’s home country, they can still apply for the K-1 fiancé visa and marry in the U.S.
III. Battered Spouse: Domestic violence remains prevalent in the LGBT+ community, with physical and psychological violence occurring at comparable rates to opposite-sex couples. It can leave LGBT+ victims especially vulnerable if they cannot turn to family and friends for support. The “VAWA” program for battered spouses protects victims of abuse regardless of their sexual orientation.
Pride Month is a time to celebrate efforts to achieve equality in the U.S. and around the world. It is also a reminder to the LGBT+ community and allies of the harsh realities of discrimination that persist. My team and I are uniquely skilled to help LGBT+ immigrants with integrity and compassion.
If you have questions about immigration procedures contact my office at peri@periedelman.com or 212-267-5225.
