You may have questions about your rights, the U.S. asylum process, and what Oasis Legal Services can do to support you. Below are answers to common questions and resources designed specifically for LGBTQ+ asylum seekers.
Jump To:
Understanding Asylum
What is asylum?
Asylum is a form of protection granted to people who are already in (or arriving at the US border) and who cannot return to their country of origin because they have suffered or fear persecution based on their race, religion, nationality, political opinion, or membership in a particular social group under U.S. immigration law. After one year of being granted asylum, you can apply for legal permanent residency (a “green card”). After four years as a green card holder, you can apply for U.S. citizenship.
Is asylum the same as a work permit?
No. Asylum is permanent protection from harm. A work permit only shows you are legally allowed to work in the U.S. While your asylum case is pending (after 180 days), you may be eligible for a work permit.
Eligibility
I was detained by immigration authorities when I entered the U.S. Am I eligible for asylum?
Possibly. If you voluntarily left, you may be eligible to file affirmatively. If you accepted an expedited removal, you may still qualify, but may need representation in immigration court. Request a consultation.
I have been arrested in the United States. Can I apply for asylum?
Possibly. Many arrests will not prevent you from applying. Oasis can help you determine how an arrest affects your eligibility.
Family & Relationships
Can I bring my family to the U.S.?
People who have been granted asylum can petition for spouses and unmarried children who were under age 21 when the asylum application was filed. Family members may already be in the U.S. or living abroad. If they were added on your asylum application as derivatives they automatically obtain derivative asylum status when your asylum is granted. Oasis can provide assistance to reunify families.
Process
Will I have to go to court as part of my asylum case?
Possibly. If you are our client and applying for asylum affirmatively (submitting an asylum application and not in removal proceedings), you will have an interview with an immigration officer at the San Francisco Asylum Office. If your case is approved at the asylum office, you will not have to go to court.
If your case is not approved at the asylum office, you will have to appear in immigration court to have your asylum case decided on by a judge.
If you are currently in removal proceedings, and have not been designated as an unaccompanied child, you will have to appear in immigration court to present your case.
Evidence & Documentation
What kind of proof does an LGBTQ+ asylum seeker need to provide?
All applicants must establish identity (e.g., passport, birth certificate) and proof of relationships for spouses/children, like a marriage or birth certificate). Some applicants may also need medical or mental health reports, police/court documents, or witness statements. Oasis provides country condition reports to support your case.
Getting Help
Can Oasis help me apply for asylum?
Oasis provides free legal representation for LGBTQ+ asylum seekers residing in Northern and Central California. Request a consultation so that we can review your case.
Additional Resources
The information on this website is for general informational purposes only and is not legal advice. Viewing this site or submitting information through our forms does not create an attorney–client relationship. An attorney–client relationship is only formed after both you and a legal representative have signed a written agreement for representation.