Category Archive: Uncategorized

  1. FAQ: General

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    I am undocumented, is it safe for me to travel inside the U.S.? What about outside the U.S.?

    If you are undocumented, you should avoid long distance travel in the United States. Please note that most airports in the U.S. are considered to be border crossings. For that reason, it may be dangerous for you to go to an airport as an undocumented individual even if you’re taking a domestic flight. Interstate trains and buses are also sometimes raided by immigration officials. At the same time, we recognize that some travel may be inevitable. Please reach out to an immigration attorney well in advance of any planned travel so you are certain of the risks.

    If you are undocumented in the U.S., and you travel outside of the country, it is very likely that you will not be allowed to return.

    I am a lawful permanent resident and I was convicted of a crime in 1995. I’ve already been back to my country of origin twice without any problems. Someone told me that it’s not safe for me to travel abroad, is this true?

    One of the harshest consequences of changes to the Immigration law in 1996 was to apply some of the strictest provisions retroactively. This means that anyone who has any criminal convictions, even long ago, should speak with an experienced immigration attorney before doing anything which would lead to a review of their immigration record. Actions which can trigger review (and possible removal proceedings), include:

    • Re-entering the United States after international travel
    • any application with USCIS such as applying for naturalization or applying to replace or renew a “green card”
    • any contact with the police (arrests, traffic stops)
    • any contact with border patrols within 100 miles of the U.S. border.

    Any foreign nationals, including lawful permanent residents of the U.S., who have criminal convictions, are strongly advised to consult with a qualified immigration attorney to determine what effect the conviction(s) may have on their immigration status here.

    I am in the U.S. without legal status and am working under the table. Should I file taxes? How would I do so? Are there any risks involved?

    It is difficult to answer this question with any certainty. Of course, it is not legal to work in the U.S. without being authorized to do so, but, of course, millions of undocumented foreign nationals do work here every day. Generally, the Internal Revenue Service (IRS) wants everyone who is working to file their taxes. It is illegal to work and not file taxes (in most circumstances), so it is better to break only one law (by working illegally) than to break two laws (by working illegally and not paying taxes.) Also, if the opportunity ever arises in the future for you to legalize your status, it is a point in your favor that you’ve been paying taxes, whereas failing to pay taxes can sometimes count against you in immigration applications.

    That being said, it may not be possible for you to pay taxes at this point. Without work authorization, a foreign national cannot obtain a social security number. While some foreign nationals without legal status have been able to obtain tax payer ID numbers from IRS, often applications for a tax payer ID number are sent back to the applicant requesting information about lawful immigration status and denied if proof of status is not provided. Furthermore, in this era of increasing enforcement and increasing communication between agency computers, paying taxes with a tax payer ID number may raise a red flag about immigration status, and it’s possible that IRS could share this information with Immigration.

    The safest answer (though least practical) would be for you to save the amount of money you believe you owe in taxes each year, and set it aside. If an opportunity arises in the future for you to legalize your status, go to a tax expert and file your taxes late. You may have to pay a penalty for filing late, but at least you will have filed.

  2. Immigration Equality Condemns Racist Attacks on Haitian Immigrants

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    Immigration Equality’s Director of Law and Policy, Bridget Crawford, issued the following statement in response to racist and xenophobic remarks targeting the Haitian immigrant community in Springfield, Ohio:

    “Immigration Equality condemns the baseless, racist attacks on Haitian immigrants made by former President Trump, Vice Presidential Candidate JD Vance, and other elected officials. They are no joking matter and have already led to threats of violence against the community. Unfortunately, this type of dehumanizing treatment is not new to Haitian immigrants, who have historically endured discrimination and abuse within the US immigration system.

    “Anti-immigrant, disinformation campaigns from the right have become a hallmark of political campaigning in recent years. Dehumanizing and vilifying asylum seekers fleeing persecution and economic migrants looking for a better life is a classic attack meant to demonize immigrants and legitimize mistreatment and deportation. That appears to be Former President Trump’s plan; he recently touted that the mass expulsion of immigrants from the United States – a cornerstone of his agenda – will be a “bloody story.”

    “We urge elected officials to refrain from spreading lies and conspiracy theories that motivate violence against marginalized communities, including LGBTQ and migrant communities across the country. Instead, they should be working toward a humane, fair and efficient system that reflects American values, upholds our legal obligations under international law, and treats all people with dignity and respect.”

  3. Sasha

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    Since I was five years old, I knew that I was born in the wrong body. I used to love to play with my sister’s dolls and dress femininely, but my parents forced me to behave and dress like a boy. My identity also became an issue outside of my home. In Guyana, where I’m from, LGBTQ people are often subjected to widespread discrimination and violence.

    My entire life, I’ve had to live my true identity in secret to protect myself from persecution.

    Staying in the closet became more complicated as I got older. As a young teenager, I started to find my identity and presented myself as more feminine. This resulted in me being bullied in school; random strangers would beat me, and I was convinced that I was bringing shame to my entire family.

    My parents weren’t a safe place for me, and there was no one else in my community to turn to. The only place where I felt safe was with my cousin, but when I was just 13 years old, he broke that trust and sexually assaulted me.

    When I told my family about the assault, they blamed me and started to beat me brutally. After that, I was kicked out of my home and was forced to live on the streets.

    With just the clothes on my back, I slept under bus stops, rested under awnings, and did what I needed to have some food in my stomach and survive.

    After many years of surviving on the street, when I was in my mid-twenties, I experienced a moment of brightness when I started working at “The Red House of Fashion.” The owner was a gay man who hired me, and many other LGBTQ people worked at this fashion house – I felt I could finally be safe around people from the same community. Unfortunately, the owner passed away after just two years, and the building quickly fell into disrepair.

    I was heartbroken to lose such an empowering place of work, but like always, I gathered myself and continued on my journey to survival. This time, I had more hope than ever in search of a community where I could feel safe.

    In 2009, I moved back in with my family, but I was only allowed to stay with them if I dressed and presented as masculine. I started to live a double life: at home, in the closet, and in the city where I could be Sasha “Fierce.” I began to host LGBTQ promotional events to earn money, and It gave me a chance to create a community. A few of my friends and I got together and created “Wildberry,” an underground LGBTQ bar that was inclusive to all genders and orientations.

    As I got more involved with LGBTQ promotional events and nightlife, my visibility led me to situations where I was targeted for my identity. In 2019, I was nearly attacked by multiple men with machetes. I was so scared of losing my life that night, but thankfully, my friends protected me and helped me escape. I knew then that it was time for me to flee Guyana.

    In 2020, my mother and sister filed for a temporary visit so that I could stay with them for six months in New York City. I dreaded the day when I would have to return to Guyana.

    Near the end of my six-month stay, a close friend who is also an asylum-seeker recommended that I call Immigration Equality. When I called them the next day, I was met with such warmth and kindness from the very beginning. They provided me with free attorneys who have been my guardian angels for the entire asylum process. They listened to my story, comforted me, and helped me make a strong asylum case.

    While waiting for my asylum case, I was still learning to live in a new country. Things were difficult at first. I was new to the culture, didn’t know my way around, had no money, and was experiencing unstable housing. During this vulnerable time, I fell into a relationship with an incredibly abusive person for nearly two years. Escaping the cycle of abuse was a long and challenging process, and it is one that I am still healing from.

    When I finally received asylum, I breathed a huge sigh of relief. I would never have to go back to a country that hated me so much for who I was.

    Even though coming to the United States still had its challenges, I am learning to love and care for myself. I work full-time as a home health aide and provide domestic support to my sister and her child. Since being in the US, I’ve also been able to safely transition and pursue gender affirming care. I’m in control of my own life now and my destiny.

    Little by little, my days have started to look brighter. I am excited to see my new opportunities with my recent asylum win. I hope to start saving for a beauty salon business soon, and I know that when I put my mind to something, I am determined to get it done.

    After all, I made it this far in life because I am fierce!

  4. Umit

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    In Bangladesh where I grew up, trans people like me were outcasts—completely invisible in society.

    That’s why I’m filled with joy when I see trans people celebrated here in the U.S. And now that I have asylum, I can be part of that celebration.
     
    I hope that by sharing the story of my journey to the U.S., I can let other trans and queer people know that there is hope.

    When I was young, my mother punished me for not “behaving like a girl.” I liked sports, playing with toy cars, and I dressed like a boy. I remember leaving my home in the morning wearing feminine clothes and changing into masculine clothes when I got to school.

    I felt different from my peers—from how I dressed to who I was attracted to. I fell in love with another girl, and I knew I had to keep my relationship with her private.

    When I was in college, my parents found out about my lesbian relationship and forced me out of my home. I moved in with my partner in the city. Our neighbors there would throw stones at us.

    On my way home from work one night, a group of men grabbed me off the side of the road, put me in a van, and sexually assaulted me to “teach me a lesson that I am not a man”. I barely escaped the attack, and it left me severely traumatized for years.

    I knew that I needed to escape and find a safe place to heal.

    After nearly seven years of harassment and assault from my community, I was offered a path to safety—an invitation to come to the United States and live with my aunt. I was told by my family that If I went, I could no longer be attracted to women and I had to dress “like a girl”.

    In 2013, I finally arrived in the United States with a glimmer of hope. I started researching clinics that would assist me in my transition. Once my family found out, I was forced to go back to Bangladesh.

    By 2014, I was already back in the U.S., and the moment I arrived, I started transitioning. I wanted to live my truth.

    I also came across Immigration Equality who helped me win my asylum case in 2017!

    Coming out as a trans man was a life-saving experience for me.

    I never thought I would be able to experience being my true, authentic self. Now I feel more aligned with my gender expression, I changed my legal name, and I am given the respect and dignity I deserve as a trans person.

    I currently work at the New York City Office of Technology and Innovation where I hope to start a full-time career in tech!

    My life feels full of joy.

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  5. DACA Ruling Puts LGBTQ Dreamers in Danger

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    New York, NY (September 14, 2023) — Yesterday, federal District Court Judge Andrew Hanen of the Southern District of Texas ruled the Deferred Action for Childhood Arrivals (DACA) program to be unlawful. Immigration Equality staunchly condemns this decision and calls for Congress to take urgent action to provide a more permanent solution for Dreamers. While the decision contains some egregiously erroneous and offensive assertions about immigrants, the Judge nevertheless noted that DACA recipients have long relied[1] on the program to structure their lives. He also acknowledged the benefits DACA recipients provide to the United States.

    “This Court has written at length on the reliance interests that DACA recipients have in the continuation of this program. It has also acknowledged the many benefits, both financial and otherwise, that DACA recipients bestow on their communities and this country.”

    In response, Immigration Equality’s Executive Director, Aaron C. Morris, issued the following statement:

    “Judge Hanen’s decision to dismantle the DACA program, a lifeline for young immigrants who grew up in the U.S., is unsurprising. He did it before, and he’s doing it again. And even as he acknowledges the nationally significant contributions of immigrant young people with DACA, who are integral parts of our families, our community, and our workforce, he strikes down their ability to build a life or to contribute to the success of the United States.

    “This decision is particularly disturbing for LGBTQ and HIV-positive Dreamers. Without permanent protections, many Dreamers may be deported to countries where they will face human rights violations such as forced conversion therapy, sexual assault, and brutal violence. Some Dreamers also risk returning to countries where being LGBTQ is punishable by incarceration or even the death penalty.

    “The judge stayed most of his decision pending appeal. Congress now has a small window to make a difference to help Dreamers and everyone else in the United States. A more permanent and comprehensive solution is desperately needed. A strong bipartisan majority of the nation supports these young people. It is a wildly popular program. And so, we call upon Congress to take immediate action to pass legislation that provides a pathway to citizenship for Dreamers. It is crucial that we address this issue with a sense of urgency and prioritize the well-being of these young individuals, who are integral to the social and economic fabric of our country.

    “DACA has been a beacon of hope for countless young people who were brought to the United States as children. It has enabled them to contribute their talents, skills, and aspirations to the country they consider their home. For LGBTQ people in particular, this country is a safe haven for them to live as their authentic selves. The ruling to end DACA not only jeopardizes the dreams and livelihoods of hundreds of thousands of DACA recipients but also undermines the fundamental values of fairness, inclusivity, and the promise of the American dream. Congress must act immediately.”

    [1] Long-term reliance by a person, family, or nation is a compelling legal reason to uphold a governmental program.

  6. The U.S. gave asylum to a gay mother. Why did only one son get to join her? (January 29, 2023)

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    Angeline was separated from her son after fleeing persecution in Cameroon for being a lesbian. Immigration Equality staff comments: “We hear so many stories like this: people leaving everything behind for the chance to save the ones they love. For LGBTQ people specifically, that can become a matter of life or death.” Read more in the San Francisco Chronicle.

  7. Daniel

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    Ever since I was a teenager, I always dreamed of moving to another country like France. As a queer person in Russia, I faced much backlash for who I was, how I presented, and whom I loved. I had to learn to live a life in secrecy. As a trans man I feel it is important to share with you my story and why asylum is life saving for LGBTQ immigrants.

    In 2008, I met my current partner and fell in love with them. Before my transition, we presented as lesbian women and faced much opposition because of it. If anyone saw us being too affectionate on the street, we faced danger. It was clear Russia was not a safe place for me.

    Since I never presented in a gender conforming way, getting a job was also incredibly difficult. Potential employers explained my gender expression was ‘unprofessional,’ and wouldn’t invite me in for interviews. I had the credentials and experience, but no one would give me a chance because of my gender identity or sexual orientation.

    We worked hard and saved enough money to come to the United States, and with the help of Immigration Equality, we applied for asylum.

    Being granted asylum gave me a chance to be myself.

    In 2017, I began transitioning and knew that once I started this process there was no way I could return home. In Russia, I would not be able to be myself or live freely without fear of harassment.

    Today, I am free. Free from the threat of violence, free to love whom I love, and be who I want to be. I feel good knowing I can’t be sent back to Russia where I will be persecuted for my orientation or gender identity.

    I now live comfortably in the safety of this country with my loving partner. Looking back on my journey, I am very grateful to be where I am today. I have a career that I love and a place that I can call my home. I hope my story can bring visibility to how important asylum is for LGBTQ immigrants being able to live authentically as themselves.

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  8. Jude

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    My name is Jude, and I’m an asylee from Saudi Arabia. As a queer, non-binary person, growing up under sharia law was terrifying.

    I cut my hair short, wore boys clothes, and dated girls—all in secret. The punishment for a woman or perceived woman dressing as a man, or same-sex relationships, includes lashings and death.

    I found my way to the U.S., and I found Immigration Equality. They set me up with an amazing lawyer who worked my case for three years. In 2017, I won asylum and am now living my best life.

    Winning asylum gave me a sense of hope that I’d lost a very long time ago. It felt like I finally had something to look forward to, something to work towards, a light at the end of the tunnel that I could actually reach.

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  9. Roman

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    In Moscow, I was a successful university professor writing my PhD. I earned enough to rent an apartment in an ideal location. It was like a dream—except for one thing. 

    Living in Russia as a gay man was miserable.  

    One of the many times I was stopped by the police, they fought me to the floor, and kicked me repeatedly in the stomach. I came home shattered. It was then I knew I had to leave Russia for the U.S. 

    When I arrived in Los Angeles, I contacted Immigration Equality. They gave me the most wonderful lawyers. After four years of waiting, I was finally granted asylum.

    When I found out I won asylum, I burst into tears.

    I am no longer so limited in what I can do. I love traveling, and I can travel again. But most importantly, I’m protected from being sent back to Russia, where my life is in danger. 

    When I left Russia, I left a career, and I left my friends. It was just like saying goodbye to the life that I built, that I worked really hard for.  

    While I can’t replicate what I created in Russia, I’m creating a life that I love here in Los Angeles. For one, I’m now married to a wonderful and supportive man. I was also recently accepted into a doctoral program for clinical psychology, which starts in the fall.  

    My hopes for the future are simple: to have a good career, have kids, and have a normal life like everyone else. Unfortunately, in Russia, these simple hopes are unattainable for LGBTQ people. 

    Together, we can help more LGBTQ asylum seekers fulfill their dreams.

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  10. Aster

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    Aster grew up in Mexico City and sensed from a young age he was different from other kids. As he grew older, he discovered more about his sexuality and gender identity, but felt alone without a support system.

    When Aster was around 12, all he wanted to do was kick a ball, but in Mexico it was not acceptable for a girl to do that.

    “That was something that was excruciatingly hard, especially because I just didn’t understand. I just felt like I was doing something wrong, but I didn’t know what it was, or why.”

    When Aster began to express his realizations regarding his sexuality and gender, he was met with resistance from his family.

    Aster moved to New York in his twenties and although he no longer speaks to his family, he now has people in New York that he considers family. Finally, he felt he could be himself and start his transition. He explained, “It’s like getting a weight lifted off.”

    Aster found Immigration Equality through a friend, and his asylum case took six months from start to finish.

    He said, “Immigration Equality gave me the tools that I needed to be able to build my asylum case at no cost, which is incredible, and basically saved my life.”

    He is now in graduate school, studying remote sensing and satellite observation, and was accepted into a NASA Jet Propulsion Lab Fellowship Program.