I live in an islamic country, and where i live homosexuals get killed. my brother knows that i'm lesbian and he keeps threatening me and i'm scared of getting tortured and killed so i wanna seek asylum in usa, can i seek asylum if i have a F-1 student visa?
Do i have a chance of getting granted asylum? or is it difficult for me?
The answer to this question really depends on several facts. You should consult with an immigration attorney in-person or over the phone. Many offer free assessments and can help. Best of luck to you.
You may be eligible to seek asylum. Asylum is a complicated process. You really, really should work with an experienced immigration attorney to have the best chance of success, and to avoid very serious mistakes. You really should NOT do this process on your own. Best wishes.
Carolina Martin RamosImmigration AttorneyAlbuquerque, NM ·
Asylum is a complicated area of law. There are many factors to consider including, whether you have been in the U.S. for over a year or if conditions have changed or worsened. There are five grounds for asylum and gender based violence and being LGBTQ will fall under the social group category. You would probably need to present significant supporting evidence to win your asylum claim. I strongly suggest you meet with an immigration attorney as soon as you can to determine your eligibility, the difficulty of your potential case, and how to proceed. Good luck!
Lindsey Warren WilkesImmigration AttorneyWashington, DC ·
If you live in a country where homosexuals are killed and you are a homosexual then there is a very high likelihood that this situation would qualify for asylum. There are asylum bars that have to be considered, so a detailed consultation would be necessary. And yes, you can apply for asylum while you have a F-1 visa.
You should meet with an attorney to evaluate your chances. From the information that you provided it seems that you should have a chance. You can apply for asylum while you hold F status.
It appears that you may have the foundation of a strong claim. Please hire a lawyer. It's vital that you state and document your claim fully. All the best!
Asylum is tricky because there is rarely a black and white answer, and almost everyone who files takes risk that her application could be denied. The relevant standard here is whether you will be found to have a "well founded fear of persecution." Here, the determination is very fact intensive. Past persecution is not required. There are many questions: what exactly was said to you? Did anyone other than your brother threaten you? Why cannot you just move away from him? Can you move out of the house or out of the city? Crucially, there is a question about what the US State Department's Country Conditions Reports might or might not say about LGBT members in your particular country. In addition to the specifics to your case, there are other considerations, like where in the US you might choose to file your case. Certain US jurisdictions (i.e. cities) are much better to file in because the immigration judges that are located there are friendlier to the asylee applications and the appeals court judges that make the law typically issue more pro-asylum seeker decisions.
