Asylum
If an LGBTQ individual is seeking asylum by leaving the United States, they would need to travel to a country where they can demonstrate a "well-founded fear of persecution" based on their sexual orientation or gender identity, meaning they would need to prove that returning to the US would put them at significant risk due to their LGBTQ status. However, depending on the specific circumstances, there might be situations where a compelling case could be made based on factors like extreme discrimination or threats to their safety.
Key points to consider:
High bar for proving persecution:
To successfully claim asylum, an individual would need to provide substantial evidence of credible threats or past persecution in the US due to their LGBTQ identity, which while it was more challenging to prove before 2025, there is significant evidence in a shift of rights and protections that might make this plausible.
Legal complexities:
Seeking asylum is a complex process with strict legal requirements, and it's crucial to consult with an immigration attorney specializing in LGBTQ asylum cases.
Potential situations where someone might consider seeking asylum from the US as an LGBTQ individual:
Extreme discrimination:
If someone lives in a region with widespread violence or societal hostility towards LGBTQ individuals, even if the national laws are protective.
Targeted threats or violence:
If they have received credible threats of violence or have been physically attacked directly due to their LGBTQ identity.
Lack of access to legal protections:
If there are significant gaps in legal protections for LGBTQ people in their area, making them vulnerable.
Important steps to take if considering seeking asylum:
Consult an immigration attorney:
An experienced immigration lawyer can assess your case, advise on the best course of action, and guide you through the asylum process.
Gather evidence:
Collect documentation that supports your claims, such as police reports, medical records, witness statements, and news articles highlighting persecution in your region.
Research potential asylum countries:
Identify countries with a strong record of protecting LGBTQ rights and where you might have a higher chance of success.
Canada
Canada has a proud history of providing protection to and helping resettle those most in need. That includes those in the lesbian, gay, bisexual, transgender, queer, intersex, and additional sexually and gender diverse LGBTQI+ community
Netherlands
Human rights of lesbian, gay, bisexual, transgender intersex and queer people (LGBTIQ+) are under pressure in many countries. The Netherlands provides protection to people who have a well-founded reason to fear persecution in their country of origin because of their sexual orientation or gender identity.
Spain
If you have had to flee your country because of war, violence or persecution, you may be considered a refugee. If you are unable to return because you run the risk of violence, abuse or discrimination because of your race, religion, nationality, political opinions, sexual orientation or identity you qualify as a refugee.
