At The Law Offices of Connie Kaplan, P.A., we’re committed to advocating for and safeguarding the rights of every individual, irrespective of their sexual orientation or gender identity. We understand that for many LGBTQ+ immigrants, this journey can be uniquely challenging. However, we want to assure you that there are robust legal protections and resources in place to support you.
Your Legal Protections as an LGBTQ+ Immigrant
The US legal system assures equal protection under the law for every individual. For LGBTQ+ immigrants, it’s crucial to understand these legal protections extend to you, too. This means you have the right to be free from discrimination based on sexual orientation or gender identity in immigration proceedings.
At The Law Offices of Connie Kaplan, P.A., we are passionately committed to the cause of LGBTQ+ immigrants, working tirelessly to ensure their rights are respected and safeguarded. We want you to know that the US legal framework provides strong safeguards against discrimination in immigration proceedings, specifically tailored for your sexual orientation or gender identity.
LGBTQ+ Asylum Seekers in the US
Asylum is an integral part of US immigration policy, providing refuge to those who’ve experienced persecution or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group. In 1994, the Board of Immigration Appeals (BIA) determined that ‘particular social group’ includes sexual orientation, paving the way for LGBTQ+ individuals to seek asylum. If you’ve faced or fear persecution due to your LGBTQ+ identity in your home country, you may be eligible for asylum.
Recognition of Same-Sex Partnerships in Immigration Law
Moreover, in 2012, the Department of Homeland Security (DHS) issued guidelines which recognized same-sex partnerships in the context of immigration law. This means that an LGBTQ+ U.S. citizen or lawful permanent resident can sponsor their same-sex spouse for a family-based immigrant visa, just like their heterosexual counterparts.
Furthermore, noncitizen same-sex partners of U.S. citizens or lawful permanent residents may qualify for cancellation of removal if their removal would result in ‘exceptional and extremely unusual hardship’ to their U.S. citizen or permanent resident partner.
VAWA: Protecting LGBTQ+ Immigrants from Domestic Violence
The Violence Against Women Act (VAWA) offers protections for all victims of domestic violence, including those identifying as LGBTQ+. You can apply for legal immigration status independently if you’ve suffered abuse from a U.S. citizen or permanent resident spouse.
Support for LGBTQ+ Immigrants: You Are Not Alone
The complexity of immigration law, coupled with the unique challenges faced by LGBTQ+ immigrants, can make navigating the system overwhelming. That’s where we come in. Our team at The Law Offices of Connie Kaplan, P.A., is dedicated to guiding you through the process, advocating for your rights and ensuring your case receives the attention and compassion it deserves.
We know that your journey here may not have been easy. Your struggles are valid, and your story deserves to be heard. It’s essential to remember that you are not alone in this. Numerous organizations offer support, from providing legal resources to building community and social connections.
Being an immigrant is a testament to your strength, courage, and resilience. As an LGBTQ+ immigrant, your journey is even more awe-inspiring. We recognize the bravery it takes to live authentically, and we’re here to support you. Our mission is to empower you, stand with you, and help you realize the American dream.
Your sexual orientation or gender identity should not be an obstacle to seeking a better life. Instead, it should be a valued aspect of your unique identity. We celebrate your diversity and are committed to promoting a just, equitable immigration process. Remember, you have rights. And, at The Law Offices of Connie Kaplan, P.A., we’re here to ensure those rights are honored.
