LGBT Asylum

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The Law Offices of Gómez Molinaro have been actively involved in seeking protection for gay men and women who have been persecuted due to their sexuality or who fear returning to their country will lead to persecution, violence or retribution. Individuals who are outside of the US or who have been in the US for less than one year are eligible to apply for LGBT Asylum, while those who have been in the US for over a year are eligible to apply for Withholding of Removal or protection under the Convention Against Torture.

Case History and Press Releases:
Florida Attorney Grace Gómez Molinaro Helps LGBT Jamaicans Seek Asylum
Press Release: Immigration attorney Grace Gómez Molinaro helping persecuted LGBT refugees acquire gender-based asylum in U.S.
Press Release: Immigration attorney Grace Gómez Molinaro wins Withholding of Removal for gay Jamaican client to stay in U.S.

Asylum – Withholding of Removal and Convention Against Torture

Asylum is a unique and complicated area of immigration law which is available to foreign nationals who face violence in their home country due to their race, religion, nationality, or membership in a particular social group. Individuals who are outside of the US or who have been in the US for less than one year are eligible to apply for Asylum.

LGBT Asylum

Photo credit to Sharon McCutcheon

One area where this has become particularly interesting is the area of persecution due to sexual orientation. Often times, lesbian, gay, bisexual and transgender (“LGBT”) people face violent persecution in their home country due to their sexuality.

There are a number of foreign governments that actively persecute LGBT citizens and citizens of these countries may be eligible for LGBT asylum in the United States. Gender-based asylum, particularly in the area of same-sex rights (gay asylum), is a new form of relief available to those who fear persecution based on their sexuality.

This form of relief has been emerging in particular for LGBT citizens from the Caribbean island country of Jamaica. Jamaica has been recognized as one of the most violently anti-gay nations in the world. Homosexual acts are illegal in Jamaica and punishable by up to ten years of hard labor. Gay Jamaicans who fear for their lives if they return to their country or fear for their lives while currently living in their countries should seek a qualified immigration lawyer that understands these unusual cases and how to properly document the applications and seek asylum for their LGBT clients.

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A gay immigrant from Jamaica talks about his arrival at the Krome Service Processing Center in Miami, and Grace M. Gomez, Esq. describes how she was able to help him get “withholding” to avoid being forced to return to a country that is violently anti-homosexual and imprisons homosexuals.