Gay and
Lesbian
Asylum
Campaign
Jail Cell

First an Update: New Immigration Info for those with Asylum

 A federal judge in Minneapolis has approved a court ordered government plan to reduce the wait time between when asylum is granted and when the greencard is issued. For further information contact your attorney and/or check http://uscis.gov/graphics/lawsregs/ngwanyia_5_10_05.pdf.


Because of the new immigration law passed by Congress, it is critical that persons who might have strong claims for asylum in the United States get this information as quickly as possible. Many of them will be barred forever from applying for asylum as of April 1, 1998. This campaign is intended to alert people to the possibility of applying for asylum because of persecution based on their sexual orientation (or, in some cases, HIV status) and to provide them with a trained attorney to assist them in evaluating and preparing their claims. All services are confidential. All initial consultations are free. For low-income persons, attorneys will be able to assist them with their applications free of charge.

Under current United States law regarding refugees, sexual orientation may provide the basis for a valid claim for asylum in this country. Asylum status essentially entitles an individual to work legally in the U.S. and to apply for permanent legal residence. If you are a gay man, lesbian or transgendered person from a country other than United States, you may be likely be eligible for asylum. If you have been in the U.S. for a year or more, you must apply by April 1, 1998 or you will lose your chance to apply forever.

The new immigration law prohibits asylum applications from persons who have been in the U.S. more than one year!

Therefore, if you have been in the United States for more than one year as of April 1, 1998, you will not be able to apply for asylum after March 31.

Affected persons must decide about applying quickly!

Just being gay or lesbian does not qualify you for asylum. You must be able to prove that you were persecuted because of your sexual orientation or that you have a reasonable fear that you would be persecuted if you were returned to your home country. You should apply for asylum only if you have a valid claim.

To determine whether or not you may have a strong application for asylum, you must contact an attorney as soon as possible.

Legal help for Gay Asylum Applicants is Available!

In a joint project sponsored by the International Gay and Lesbian Human Rights Commission, the Lawyer's Committee for Civil Rights of the San Francisco Bay Area, and the law firm of Heller, Ehrman, White & McAuliffe, attorneys are being trained to represent people with legitimate claims through the asylum process. For low-income people, this service will be provided free of any charge to the applicant.

For information and a free appointment to evaluate your claim for asylum and a referral to an attorney, contact: Lawyers' Committee for Civil Rights (415) 543-9444 or Naomi Calonje at the National Center for Lesbian Rights (415) 392-6257.

The Law Offices of Robert B. Jobe have sucessfully handled many Gay immigration cases for Malaysian Club members. Check out their website http://www.jobelaw.com/ and http://www.gayasylum.org. You can reach them at:
bob@jobelaw.com
415/956-5513 (phone)
415/956-0850 (fax)

On the first Tuesday of each month, the San Francisco Bay Area Lesbian and Gay Immigration Rights Task Force has its meeting at 570 Market Street at 7:00pm at the National Center for Lesbian Rights, 392-6257.

International Gay and Lesbian Human Rights Commission

The International Gay and Lesbian Human Rights Commission is a non-profit humanitarian organization that monitors, documents, and mobilizes urgent responses to human rights violations against lesbians, gay men, bisexuals, the transgendered, and people with HIV and AIDS worldwide. The International Gay and Lesbian Human Rights Commission's Asylum Project supports claims for asylum made by those who fear persecution because of their sexual orientation, gender identity or HIV status. Documentation is provided on human rights abuses perpetrated against lesbians, gay men, bisexuals, the transgendered, and people with HIV and AIDS.

More Immigration Resources

Lesbian and Gay Rights Immigration Task Force

Queer Immigration Home Page

Gay and lesbian couples do not have the immigration rights that straight couples have since marriage is not an option. Check the Partners Task Force for Gay & Lesbian Couples for more information.