LGBTQ+ immigrants face unique obstacles during the immigration process. In the last two administrations, each President has changed the way in which they serve the LGBTQ+ community. We’ve seen dramatic shifts in enforcement of legislation. In 2020, we shared ways in which the Trump Administration “failed to take actions to implement or enforce landmark decisions protecting LGBTQ+ workers from discriminatory practices.” Whereas, the Biden Administration has aimed to restore the U.S. Asylum System.

Fighting Triple Marginalization

The stigmas and violence LGBTQ+ migrants imposes a triple marginalization: on the basis of their gender identity and/or their sexual orientation, and lastly on their migrant status.

In any case, it’s crucial to Know Your Rights and the circumstances that may allow for some special considerations.

Immigration Issues Unique to LGBTQ+ Immigrants:

  1. Asylum Seekers: If you’ve been harmed or fear harm due to your sexual orientation, gender identity, or HIV status, you may qualify for protection in the U.S.
  2. Mixed-Status Same-Sex Couples:S. citizens and permanent residents can sponsor their foreign national spouses for a green card.
  3. Survivors of Violent Crimes: If you’ve been a victim of a serious crime in the U.S. and reported it to the police, you may be eligible for protection.
  4. LGBT Immigrant Detainees: If you or someone you know is detained by immigration, we may be able to help with info to avoid deportation.
  5. Individuals Seeking Appeals: If you lost your case before an immigration judge, we can assist with an appeal to any U.S. Court of Appeals. Appeals are time-sensitive, so please contact us by phone or email your case materials promptly.

At McEntee Law Group, we stand with LGBTQ+ immigrants seeking safety and support. If you’ve faced persecution, separation, or violence, know that you are not alone.

Whether you need asylum, a green card, or help with an appeal, we’re here to support you. In need of legal services? Contact us for more information on how we can help.


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