LGBT+

The ability to claim asylum based on one's sexual orientation or gender identity is a complex issue that is impacted by various factors, including the laws and societal attitudes in the individual's country of origin, as well as the laws and policies of the United States.

Generally speaking, individuals who are members of a particular social group that has been persecuted in their home country may be eligible for asylum in the United States. This can include individuals who are part of a group that is defined by a common characteristic that is immutable (cannot be changed) and fundamental to their identity, such as their sexual orientation or gender identity.

In many countries, individuals who are part of the LGBT community face widespread discrimination, violence, and persecution. This can include discrimination in employment, education, housing, and healthcare, as well as physical violence, detention, and even death. If an individual from such a country can demonstrate that they have been persecuted, or have a well-founded fear of persecution, based on their sexual orientation or gender identity, they may be able to claim asylum in the United States.

However, it is important to note that the specific criteria for establishing a claim for asylum based on sexual orientation or gender identity are complex and may vary depending on the specific circumstances of the individual's case. It is strongly recommended that individuals seeking asylum on this basis seek the assistance of an experienced immigration attorney to ensure that they have the best chance of success in their case.