April 1, 2016
Ask A Lawyer :: Why Does Seeking Asylum Take So Long for LGBTs?
Margo Chernysheva READ TIME: 2 MIN.
One of the many debates concerning Americans in recent years is the discussion of whether it is the United States' obligation to accept refugees from foreign lands into the U.S. for asylum.
Currently, the U.S. is, as the country has historically always done, accepting asylum applications through the United States Citizenship and Immigration Services (USCIS). Due to the recent crisis in Syria, there has been a massive influx in applications which has caused major delays in the processing time for decisions on asylum cases. Although the processing time is delayed for everyone as USCIS attempts to keep up with the amount of applications, no other group is affected as much as the LGBT community. '
Typically, once an individual has been accepted for asylum in the United States they may apply for their family members to come to the U.S. This process may take up to 6 months per family member to apply, and may take as much as 8 years to complete.
For members of the LGBT community, this process will be further delayed. This is hazardous to the families attempting to quickly flee to safety from the homes they bravely left to seek refuge in a foreign land. Many countries do not recognize same-sex marriage; some will prosecute individuals for their sexual orientation. Due to those countries' laws, when an individual is fortunate enough to obtain a visa and then have their asylum application accepted, they are not able to bring their partner with them because they are not recognized as being married. They are not eligible for immigration benefits given to immediate family for asylum. The partner will then have to spend up to 6 years in addition to the 8 years spent by the initial individual because the partner now has to apply for residency, and years later, qualify for U.S. Citizenship.
Up to 14 years for a family to be reunited is an outrageous amount of time for people that are living through the hardships and hostile conditions of the countries they are fleeing. The lengthy process of asylum is made increasingly more difficult just because an individual is part of the LGBT community.
A solution needs to be found to help these families in need of safety and freedom from persecution. From hiring specialists to work on LGBT asylum cases, to hiring more case workers in general to decrease the volume of work and improve the processing time for each case, there are ways to make this process less dangerous for those seeking the United States' help.
The process for applying for asylum is complicated and time consuming, so it is highly recommended that one receive assistance from an experienced immigration attorney.
In addition to providing immigration legal counsel to individuals and businesses, attorney Margo Chernysheva is a provider of mediation and arbitration services in Nevada.
To make an appointment for a consultation with our professional legal staff, contact MC Law Group by calling or sending us an e-mail at http://immigrationlawnv.com today.
This story is part of our special report: "Ask A Lawyer". Want to read more? Here's the full list.