This client entered the U.S. without inspection in 2014 after fleeing El Salvador.  As a gay man, he had experienced persecution in his native El Salvador and wanted to begin a new life in the U.S. free from fear.  Our office assisted him with applying for asylum as a “defensive” applicant.

THE LAW:

US Asylum law is complex and has become more so after the decisions by the US Attorney General in Matter of A-B-.  Fortunately, the law continues to protect LGBT individuals who fear return to their home countries.  in general, Asylum applicants must demonstrate that they have a “well founded” fear of return to their native country “on account of” (because of) their:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Asylum may be granted if the applicant has already suffered past persecution (because of their above reasons) OR if they have at least a “well founded” fear of return because of a protected ground.  Any asylum application must be filed within one year of arrival in the U.S. (certain exceptions apply). A recent Federal Court case has established a NEW and PREVIOUSLY UNAVAILABLE ground for certain applicants to apply for asylum even if they did not meet the one-year deadline if they were in ICE custody and released.  Consult an attorney if you were detained and want to apply for asylum but did not apply within the required one year deadline.  See, Mendez Rojas
v. Johnson, 2018 WL 1532715 (W.D. Wash. Mar. 29, 2018)

US Asylum law has long recognized the LGBT (gay/homosexual/transgender) community as a “particular social group”.  See, Matter of Tobasco-Alfonso.  Because asylum law does NOT define a “particular social group” claims in this area are more complex than religious, racial, or political claims.  If you are seeking asylum based on gang violence or other “particular social group” grounds, it is more important than ever to seek the advice and assistance of an attorney.

If granted asylum, an applicant may apply for US Lawful Permanent Residence after 1 year in the U.S.

THE RESULT:

With the assistance of experts in the country conditions in El Salvador and our own experience with LGBT asylum cases, this client was granted asylum by the US Immigration Court at Baltimore, Maryland and was able to remain in the U.S.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.