As LGBTQ rights have progressed in recent decades, immigration laws have lagged. This has led to severe consequences for many people, especially LGBT people.
Many LGBTQ immigrants struggle with their immigration status, whether they’re fleeing persecution in their home countries or seeking to pass citizenship on to their children.
Identifying as Lesbian or Gay
Lesbian, gay, and bisexual people face extensive prejudice and discrimination in the United States. They often report feeling alienated or isolated from their communities and have a more challenging time finding support systems than heterosexuals do. Heterosexual people can combat anti-gay attitudes and prejudice by examining their responses to anti-gay stereotypes, learning about gay community issues, and establishing open relationships with lesbian, gay, and bisexual people.
Some LGBT immigrants have been harmed or fear harm in their home country due to their sexual orientation and gender identity and apply for asylum in the United States. To be granted asylum, an individual must demonstrate a well-founded fear of persecution based on their membership in a social group.
Identifying as Transgender
While LGBTQ rights have progressed rapidly in recent years, immigration law has been a different story. Transgender people who seek medical and surgical treatment to match their gender identity are often denied asylum or refugee status.
Many transgender individuals traditionally express their gender to better “pass” as the sex they identify with. For example, a male-to-female (MTF) transgender person may wear dresses and stereotypical feminine jewelry.
Several interviewees reported that their gender was not the most critical aspect of their identity. Those participants noted that other parts of their identity, such as race, ethnicity, religion, and socioeconomic class, were more central. They also spoke of how being transgender impacted their relationship with family and community. Sexual orientation, however, is an entirely separate factor from gender identity and does not impact immigration outcomes.
Identifying as Undocumented
Over the years, a progressive cultural environment and several landmark legal cases have made it possible for gay, lesbian, bisexual, and transgender individuals to obtain visas based on marriage or family sponsorship. However, many LGBT individuals are undocumented and face different immigration law challenges.
These individuals face various challenges, including the risk of labor exploitation and lack of access to public benefits, like health care access. They may also be at a higher risk of being identified through data-collection efforts, such as the decennial census or public benefits applications.
Undocumented LGBT individuals can qualify for asylum if they can show that they are being persecuted in their native country because of their sexual orientation or gender identity. An experienced immigration attorney who offers LGBT services can help with the process of establishing this qualification.
Identifying as Bisexual
It can be challenging to come out as bisexual, especially if your family and friends aren’t super supportive. But if you are open to experiencing attraction to both men and women, it’s okay to identify as bisexual.
You may also choose to use the term pansexual or queer for your sexuality if that feels more authentic. It’s important to remember that sexuality is a spectrum, and everyone’s preferences are valid.
It can be helpful to have some resources handy when coming out to others as bisexual — they can help fight misconceptions about the identity and help allies understand what it means to be bisexual.
Identifying as Same-Sex Couples
The type of relationship in which a couple identifies as same-sex varies widely. Some couples are in open relationships that allow them to have relationships with others, while others may be in committed marriages, civil unions, or domestic partnerships.
They are identifying as same-sex couples can present challenges for LGBT individuals seeking asylum. A successful asylum claim requires showing membership in a social group, and immigration officers often have preconceived ideas about what same-sex relationships look like. Providing evidence demonstrating your relationship and documentation about country conditions in your native country can help counter these stereotypes and demonstrate your eligibility for asylum.
After the Supreme Court ruled that state laws banning same-sex marriage were unconstitutional, these couples now have essentially the same immigration benefits as opposite-sex couples. This includes spousal visas and derivative status through children born abroad.