How To Seek LGBTQ Asylum

Read our translated legal guides below to learn more about how to apply for LGBTQ asylum in the United States. Our U.S. legal guides include information on: your legal rights as an asylum seeker, the documents you will need to file your LGBTQ asylum application, how to prepare for your credible fear screening or interview, and updates on how changes to federal U.S. immigration policy affect LGBTQ asylum seekers.

Are you seeking LGBTQ asylum in Canada?: Scroll down the page to learn more about how to file a LGBTQ refugee protection claim in Canada.


Seek LGBTQ Asylum in the U.S.

 
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HOW TO SEEK LGBTQ ASYLUM IN THE UNITED STATES

steps to apply for LGBTQ asylum in the U.S.

Download our PDF in your language below:

ENGLISH

SPANISH

Credits: Magdalena Arjona (Spanish translation) 

ABOUT THE U.S. DEFENSIVE ASYLUM PROCESS

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ENGLISH

 
 

 
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KNOW YOUR RIGHTS

before, during and after your U.S. lgbtq asylum application

Download our PDF in your language below:

ARABIC

ENGLISH

KOREAN

RUSSIAN

SPANISH

Credits: Jihyun Park (Korean translation), Anastasia Sidorenkova (Russian translation), Magdalena Arjona (Spanish translation) 

 

 
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FINDING LEGAL ASSISTANCE 

HOW TO FIND LEGAL HELP FOR FILING YOUR U.S. LGBTQ ASYLUM APPLICATION

Download our PDF in your language below:

ARABIC

ENGLISH

KOREAN

RUSSIAN

SPANISH

Credits: Jihyun Park (Korean translation), Anastasia Sidorenkova (Russian translation), Magdalena Arjona (Spanish translation)

 

 
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PRELIMINARY DOCUMENT CHECKLIST

DOCUMENTS YOU WILL NEED FOR YOUR U.S. LGBTQ ASYLUM APPLICATION

Download our PDF in your language below:

ENGLISH

SPANISH

Credits: Magdalena Arjona (Spanish translation) 

 

 
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PREPARING FOR YOUR LGBTQ CREDIBLE FEAR SCREENING OR INTERVIEW

HOW TO PREPARE FOR YOUR credible fear SCREENING or INTERVIEW in the u.s.

Download our PDF in your language below:

ENGLISH


 
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‘REMAIN IN MEXICO’ POLICY

Impact of policy on people seeking lgbtq asylum at the soutHWEST border

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ENGLISH

SPANISH

Latest update: On September 11, 2019, the U.S. Supreme Court temporarily lifted a lower court’s block to allow for the Trump administration to begin denying asylum requests from people at all points along the southern border who have traveled through Mexico or another country without seeking protection there. Asylum seekers must pass an initial screening called a “credible fear” interview. Under this policy, asylum seekers will fail this initial screening if they cannot show they already requested asylum in at least one country they traveled through and were denied. Failing would result in being put in fast-track deportation proceedings. The American Civil Liberties Union is continuing to challenge the Trump Administration's asylum policy in court.

Credits: Magdalena Arjona (Spanish translation)

 

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EXPEDITED REMOVAL PROCESS

NOTE ON EXPANSION OF EXPEDITED REMOVAL DEPORTATIONS

  • Recently, the Trump administration expanded the expedited removal process of deportation without a court hearing to apply to non-citizens encountered by immigration officers anywhere in the U.S. who do not demonstrate to the satisfaction of the officers that: 1) they are legally authorized to be in the U.S., 2) have not committed fraud or misrepresentation, or 3) they have been physically present in the U.S. for two years prior to being apprehended by the officer.

  • This means that anyone believed to be subject to expedited removal will have the burden of proving to an immigration officer that they have been physically present in the U.S. for at least two years or that they were legally admitted or paroled into the U.S.

  • The American Civil Liberties Union (ACLU) is preparing to file a lawsuit challenging this new policy in court.


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‘SAFE THIRD COUNTRY’ ASYLUM AGREEMENT WITH GUATEMALA

About the new 'safe third country' asylum agreement between the United States and Guatemala

  • Under an agreement announced on July 26th, asylum seekers who travel through Guatemala on their way to the United States would be returned to Guatemala and forced to seek protection there.

  • This would largely block Salvadorans and Hondurans from receiving asylum in the United States, and large numbers of asylum seekers from around the world who travel by land to the U.S. border after flying to South America. Instead, only Mexicans and Guatemalans would be able to seek protection at the U.S.-Mexico border.

  • According to a copy released by the Guatemalan government, the agreement would not apply to children who arrive at the border alone and would remain in effect for two years.

  • As of July 26th, the details of the agreement have not been formally released. Acting Homeland Security Secretary Kevin McAleenan said on a press call that he expects the deal to take effect in the next few weeks.

  • However, Guatemala is raising serious doubt about the legality of this agreement with the U.S. for two reasons: 1) Guatemala's Constitutional Court previously ruled any such agreement first needs to be approved by Guatemala's Congress, which is on its summer recess, and 2) two Guatemalan presidential candidates are calling for an analysis of whether the signatory, Interior Minister Enrique Degenhart, actually had the power to sign the agreement. We will update this page as more information becomes available.

 

 
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‘THIRD COUNTRY’ ASYLUM RULE

rule barring asylum applications from individuals at the southern border who passed through a third country on their way to the U.s. but did not seek asylum in that country

  • Latest update: On September 11, 2019, the U.S. Supreme Court temporarily lifted a lower court’s block to allow for the Trump administration to begin denying asylum requests from people at all points along the southern border who have traveled through Mexico or another country without seeking protection there. Asylum seekers must pass an initial screening called a “credible fear” interview. Under this policy, asylum seekers will fail this initial screening if they cannot show they already requested asylum in at least one country they traveled through and were denied. Failing would result in being put in fast-track deportation proceedings. The American Civil Liberties Union is continuing to challenge the Trump Administration's asylum policy in court.

  • Under a new 'third country' rule, which went into effect on July 16, 2019, individuals entering the U.S. across the southern U.S. land border will now be ineligible for asylum if they passed through another country first and did not attempt to seek asylum there before moving to the U.S. border, regardless of whether they had access to effective international protection in those transit countries.

  • This rule effectively limits asylum protections to Mexican nationals and nationals of other countries who cross the United States’ border by direct air or sea travel.

  • The new rule includes the following exceptions: If an individual has been trafficked, has applied for protection in a prior country and was denied, or has passed through a country that is not a signatory to the primary international treaties governing refugees.

  • Civil rights groups have filed two lawsuits challenging these new asylum restrictions. The lawsuits argue that 1) federal law prohibits the U.S. government from categorically denying asylum to those who briefly transit through a third country in which they were not “firmly resettled” before arriving in the U.S., and 2) this rule improperly changes U.S. immigration law without following the mandatory notice and comment procedural steps of the Administrative Procedures Act.

 

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U.S. CITY GUIDES

LEARN MORE ABOUT YOUR NEW HOME 

Download our PDF for your city below:

WASHINGTON, D.C.

LOS ANGELES (LA)

NEW YORK CITY (NYC)

PHILADELPHIA

SEATTLE

SAN FRANCISCO (SF)

 


Seek LGBTQ Asylum in Canada

 
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HOW TO SEEK LGBTQ ASYLUM IN CANADA

steps to MAKE A LGBTQ REFUGEE PROTECTION CLAIM in Canada

Download our PDF in your language below:

ENGLISH

FRENCH


 
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KNOW YOUR RIGHTS

before, during and after your lgbtq REFUGEE CLAIM in canada

Download our PDF in your language below:

ENGLISH


 
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PRELIMINARY DOCUMENT CHECKLIST

DOCUMENTS YOU WILL NEED FOR YOUR LGBTQ Refugee claim in canada

Download our PDF in your language below:

ENGLISH


Check back for MORE TRANSLATIONS coming soon.
 

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