Alice Vacek Aranda
Phoenix Immigration Lawyer
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Sexual orientation and other related factors for asylum

When many people think of asylum, they might think of people who are fleeing political problems. What some people might not realize is that not all persecution that qualifies for asylum has to do only with politics. Some people might qualify for asylum based on their sexual orientation, gender identification or HIV status.

As part of the process for seeking asylum based on sexual orientation, gender identification or HIV status, the applicant has to go through an interview. During that interview, they will have to discuss various aspects of their personal life. This includes answering questions about their life-threatening illness, gender identity or sexual orientation. This fact might lead some people to avoid seeking asylum on the grounds of these types of claims.

People who are seeking asylum under these terms must live in an area in which they would face harm if their sexual orientation, gender identity or HIV status would become public knowledge. The basis of this asylum occurred more than 20 years ago when a man from Cuba was granted a withholding of his deportation because he was homosexual. That case has opened the doors for others to seek asylum or withholding of deportation based on similar grounds.

Anyone who is seeking asylum should work to understand how his or her case will be considered. One important factor that must be considered is whether the reason for the application is based on the person falling into a sexual minority in the country. When you understand all the points that apply to your situation, you can move forward with the application process.

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