Edafe is a gay refugee from Nigeria who was granted asylum. In Nigeria, he was a victim of mob violence due to his work advocating for LGBTQ access to health care.
When he arrived in the U.S., he told the immigration agents at the airport that he would like to apply for asylum. They detained him at the Elizabeth detention center in New Jersey for over five months.
Edafe eventually won his asylum case, but life outside of the detention center has not been easy. Having a different accent, a foreign degree, and dark skin have “been a rough ride.” However, Edafe believes in the diversity of this country and its commitment to freedom of speech and action. “I am a fighter and I am not giving up on the struggle to find a new home.”
Edafe not only fought for himself, he fought for others. He founded the only shelter in New York City specifically for asylum seekers and refugees experiencing homelessness. In 2022, his book ASYLUM, A Memoir & Manifesto was released.
Denise is a transgender woman from Trinidad who fled to the United States in 2004 after being brutally assaulted by a group of homophobic people and humiliated by the police. For years, she suffered from untreated post-traumatic stress disorder and has seen her health deteriorate, suffering four separate heart attacks.
Denise first learned about Immigration Equality in 2011 at a pride event. At the time, she could only whisper the words, “I’m undocumented.” We accepted her case into our asylum program shortly after.
Over the next three and a half years, Denise struggled with destitution and depression. She was discriminated against and fired from one job after the other for being transgender. At the height of her despair, she was forced to live on a subway platform for a month.
To make matters worse, Denise’s asylum application was denied and she was put into removal proceedings. She almost gave up. With our help, she continued fighting, and we filed an appeal on her behalf.
Denise moved to Baltimore where a friend offered her a place to stay. Her asylum appeal was transferred to Baltimore, causing more delays in her case.
After more than five years in search of asylum, an immigration judge granted Denise asylum in October 2014. She now has her green card, and is very happy to have a job she loves.
Denise’s American dream is “to be able to give back as much as I have received. To be embraced by the love and freedom of what Lady Liberty represents. To walk hand in hand with whomever I choose to love and not be afraid to enjoy that love no matter where I am… I know that America’s greatness is in its people and I am a part of that greatness!”
If you told me five years ago that I would be doing yoga every day, studying English, and starting my own nonprofit in New York City, I wouldn’t have believed you.
Growing up in a conservative family in Venezuela, I struggled with my sexuality. I faced the hard truth that living openly as a gay man put me at risk of physical abuse. I came to the U.S. with no resources or support network, so I’m extremely grateful I found Immigration Equality. They took on my asylum case without asking me for a penny—and won.
When I left my family and friends behind, I hit my lowest point. I was diagnosed with cancer, and also needed treatment because I’m HIV-positive. Depressed, scared, and alone, I relied on the kindness of strangers to turn my life around.
Thanks to Immigration Equality, I have a future. Winning asylum and beating cancer inspired me to help others. Now that I’m in remission, I’m planning a program in my community to support people battling drug and alcohol addiction.
The amazing lawyers at Immigration Equality inspired me to give back, and I hope they inspire you, too.
During the 46 days I spent in immigration detention, officers called me “Mr. 876 Russia.” They treated me like a criminal and erased my identity—but I fought back, and today I’m standing strong.
My name is Denis, and I’m a gay man from Russia living with HIV. In 2013, the Russian government passed a deeply homophobic law, which painted people like me as perverts who were killing the country. Vigilante groups attacked and raped gay men, then posted the videos online. I lived in constant fear. Ultimately, I had no choice but to escape to the United States.
I landed in San Francisco—the best place on this planet for queer people. For the first time in my life, my sexual orientation didn’t put me in danger. I could be open about all aspects of my life. It was magical. I joined a support group for HIV-positive people, and I finally felt safe. I knew I couldn’t go back to Russia, where the situation was becoming more hopeless.
I applied for asylum, and with my case underway, I could travel within the country. I took a week-long vacation to the U.S. Virgin Islands, but on my way back home to San Francisco, immigration officers stopped me, interrogated me, and arrested me. I explained my status as an asylum seeker, but they ignored me.
They flew me to a detention center in Miami where they put me in handcuffs, ankle bracelets, and wrapped a chain around my waist. I felt scared and alone. My situation was bleak, but I’m grateful I had the support of Immigration Equality. They were a lifeline for me when I had nowhere else to turn.
While I was detained, I lost control over my health and the ability to manage my HIV. ICE held me in a room with 100 other people, and due to my compromised immune system, I was vulnerable to infections. Within a week of being detained, I developed a fungal infection, fever, and insomnia from stress.
My lawyer from Immigration Equality explained to an immigration judge that each day I spent in ICE custody, my life was in danger. But he didn’t seem to care. He wouldn’t let me attend my asylum hearing or halt my deportation proceedings. I endured another month in detention and even spent my 30th birthday there. I was a criminal in the eyes of the U.S. government.
Despite my situation, I consider myself fortunate. Immigration Equality alerted the media and members of Congress who pressured the government to release me. After 46 days in detention, I was finally free. I had people fighting for me, and that’s not the case for many queer, trans, and HIV-positive asylum seekers. Now more than ever, people in detention need access to Immigration Equality’s legal services.
The last five years of my life have been a rollercoaster ride. I went from being scared to walk the streets in Moscow, to feeling safe in San Francisco, to being terrified in ICE detention. Now my life is stable, and I have hope for the future. I’m overjoyed to tell you that in July 2019, I won asylum! I couldn’t have done this without Immigration Equality.
Now, I’m proud to say I’m an advocate, too. I flew to Washington, D.C. to tell Congress face-to-face that no one should ever have to go through what I did. I asked our policymakers to help LGBTQ and HIV-positive asylum seekers find what we can’t in our home countries: support, safety, and the freedom to be who we are.
The LGBTQ community, and all asylum seekers, deserve better. We deserve to be treated with respect and dignity. That’s what Immigration Equality fights for every day. To dismantle obstacles to those seeking safe haven. To clear the path for LGBTQ and HIV-positive asylum seekers.
Immigration Equality was a lifeline for me, and with your help, will continue to be a lifeline to so many others in detention.
I fell in love with America during my first visit as a young student over 20 years ago. I quickly learned what this country is all about—a place where people with vastly different viewpoints can live side by side. Now, even though I grew up on the other side of the world, America is the only place I call home. I love living here.
My childhood was shaped by the collapse of the Soviet Union and years of civil war. Growing up, homophobia was all around me. I was blackmailed by someone who threatened to out me publicly. Faced with violence or even death, I knew I had to get out. I fled Georgia in 2008 and came back to the United States. When I needed support the most, Immigration Equality was there to help me apply for asylum, and they helped me every step of the way.
The asylum process was not easy for me. It lasted several years, and the uncertainty about my future affected my personal and professional life. So when I got that call that I won asylum, I felt enormous relief. That was a decade ago, and Immigration Equality has stuck by my side ever since. When it was time to apply for my green card, Immigration Equality was right there to support me.
Since winning asylum, I’ve become a celebrated artist, channeling my experiences into my work. I’ve collaborated in a global campaign partnership with Montblanc, created a large-scale wall mural at PayPal’s headquarters, and designed a one-of-a-kind car for Cadillac during Art Basel Miami. My paintings and drawings have been shown in exhibits around the world and I’ve held residencies at the Visual Artists Group in Los Angeles and the Mandrake in London. Still, despite my success, I knew I wouldn’t feel a sense of security until I became a U.S. citizen.
That moment finally arrived last year. When the judge congratulated me after the swearing-in ceremony, I was glowing. I hadn’t smiled that big in years. For me, that day represented something I always wanted—to live a healthy, proud, and free life.
Here in the United States, I am celebrated as a queer, contemporary artist and muralist. I can proudly be who I am, wherever I am, existing without fear of persecution because I’m gay. Without the continuous generosity of Immigration Equality supporters, this may never have been possible.
As LGBTQ people, we are told again and again that we are the underdogs, the misfits, that we are not welcome, not good enough, not straight enough, not tall enough. But Immigration Equality tells us that we are enough, that they accept us and will fight for us without asking us to change.
There’s always going to be a little queer kid somewhere that needs help, whether it’s helping them fill out an application, getting them out of a detention center, or giving them hope to leave a country where they won’t be able to safely wake up the next morning.
Not only am I now a U.S. citizen, but I am also a proud donor to Immigration Equality. I hope you will join me in supporting the next generation of Americans hoping to bring their own inspirations to our beautiful country.
Imagine the pain of hiding your love for your partner and of living in a constant state of fear in your own home. For Darion and Brenton, this was the reality back home in Jamaica.
Married in New York City in 2011, the two men were forced to keep their marriage and love a secret from their families and neighbors when they returned to Jamaica to avoid violence and persecution. When they began receiving death threats, the couple fled to the U.S., knowing that staying in Jamaica would be a deadly option.
The legal team at Immigration Equality secured Darion and Brenton’s permanent safety here in America in winning their case for asylum.
No one should face death or violence because of who they are or who they love, and we will continue working to ensure that couples like Darion and Brenton have the freedom to live and love safely and openly.
Our clients come to the U.S. from every region of the world seeking safe haven from persecution based on their sexual orientation, gender identity, and/or HIV-status. The road to asylum can take years, and some are detained in dangerous conditions as they pursue their claims. Here are a few of their stories.
Since the first day I met my wife, Cecily, we’ve been inseparable.
We fell in love when she was in a U.S. Navy training program, visiting St. Maarten on vacation. At the time, she was awaiting active duty deployment in Japan, so after she left, I feared I would never see her again.
It’s dangerous to be a lesbian in St. Maarten, and it’s illegal for us to marry there. I had few options for reuniting with Cecily in the U.S. before it was too late. Desperate to see her, I called Immigration Equality for help.
They gave us free legal services, advocated fiercely for us to be together, and succeeded! I made it to the U.S. in time to start my life with Cecily before she was deployed.
I can’t imagine my life without her, and I don’t want any immigrant to fear being separated from their loved ones.
Fast forward to five years later, and we have a beautiful two-year-old daughter, Adaliza. She’s the other love of my life and keeps me going when Cecily is out at sea.
The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.
Last updated: June 3, 2020
One of Immigration Equality’s core principles is to ensure that U.S. immigration law does not discriminate or stigmatize people living with HIV. At the same time, we are often successful in securing asylum for people living with HIV who fear persecution on that basis. Anyone thinking about applying for asylum based on HIV status should review our asylum materials carefully and also consult with an experienced immigration attorney.
Asylum Based on HIV-Status
In some countries it is dangerous to be a person living with HIV. While the Board of Immigration Appeals has confirmed that persecution because of sexual orientation is a reason someone might be granted asylum, there is no similar decision by an appeals court overtly acknowledging HIV-related persecution as a basis for asylum. Nevertheless, there have been many cases where individuals have been granted asylum solely because of their HIV status. In general, to win asylum, an individual must prove “persecution” not “hardship,” and so in most cases it would not be sufficient to show that HIV medication would not be available because their country or origin cannot afford medicine. To learn more please read this article on HIV-based asylum applications. Also, in 1996 INS issued a memo describing circumstances under which people living with HIV might qualify for asylum. Finally, the asylum officer’s basic training manual notes that an asylum claim “may” be a basis for protection. For more information on the asylum process, please see our section on asylum.
Persons living with HIV who fear mistreatment because of HIV-related stigma in their country of origin should consult with an experienced immigration attorney.
Family-based Immigration
On January 4, 2010, the Department of Health and Human Services (HHS) final regulations went into effect, removing HIV from its list of “communicable diseases of public health significance” and removing the HIV test from the routine medical exam for lawful permanent resident applicants. Additionally, while applying for lawful permanent residence, use of some benefits such as the AIDS Drug Assistance Program did not historically count against an applicant when the government makes a determination on whether a person will likely be a public charge . However, regulations issued in 2020 may have changed that. For more information, see this update.
People Living with HIV in Immigration Detention
Conditions for people living with HIV in ICE or CBP detention are deplorable. Detention facilities often deny or delay HIV medications, give incorrect dosage of HIV medications, or do not allow someone to refill their HIV medications. In fact, in 2019, ICE separated a man living with HIV from his children because the officers thought that he might accidentally transmit the illness to them. For information on conditions in detention and recourses, please see our resources on detention.
Other HIV-based Immigration
Prior to changes in the immigration law in 1996, it was possible for undocumented foreign nationals who had been in the U.S. for long periods of time and could prove extreme hardship if they would be deported, to obtain lawful permanent residence through “suspension of deportation.” That immigration benefit no longer exists. It was replaced by “cancellation of removal” which allows certain undocumented foreign nationals to obtain lawful permanent residence, but only if they can show extreme and exceptionally unusual hardship to their United States citizen or lawful permanent resident immediate relatives. Hardship to one’s self is no longer recognized as a ground to gain lawful permanent residence.
In very limited circumstances, the Department of Homeland Security (DHS) can grant “deferred action” status meaning that it gives permission for a foreign national to remain in the U.S. temporarily because of an extremely compelling humanitarian circumstance such as a late stage terminal illness. (Note that this form of “deferred action” is distinct from Deferred Action for Childhood Arrivals, (DACA,) which is available to certain individuals who arrived in the United States as children and who meet other eligibility requirements.) An individual living with HIV who fears that they would not live very long if they are returned to their country of origin due to lack of availability of treatment, may consider applying for deferred action. It should be noted that deferred action is a discretionary relief and is granted on a case-by-case basis. Most applications are denied. Anyone considering a deferred action application should consult with a qualified immigration attorney before doing so.
Applicants lacking valid immigration status who apply for deferred action run a real risk that their requests will be denied, and that Immigration and Customs Enforcement will take steps to remove them from the United States.
Historical Summary – HIV Ban Was Lifted
From 1993 until January 4, 2010, HIV was considered a ground of inadmissibility, meaning that HIV-positive foreign nationals could be denied short-term visas or applications for lawful permanent residence simply because of their HIV status. Fortunately, with the help of Immigration Equality and our coalition partners, that discriminatory law came to an end in the beginning of 2010.
On January 4, 2010, the HIV ban on travel and immigration, which had been in place for two decades finally came to an end. With the end of the HIV ban, being HIV positive is no longer an automatic ground of “inadmissibility.” For foreign nationals seeking to enter as tourists or short-term visitors, being positive should not be an issue at all. For lawful permanent resident applicants, being HIV-positive could still affect USCIS’s determination about whether someone is “likely to become a public charge.” While doctors will no longer perform an HIV antibody test as part of the medical examination, the doctor could ask questions about overall health which could lead the doctor to conclude that someone is HIV positive. While it is not necessary to volunteer information about HIV status, always be honest with the doctor performing the medical exam. In addition, immigration and consular officials are permitted to take health into account when determining whether an applicant is likely to need government assistance, which can be a ground for denying a green card application.
Historical Information and Links to Important Documents
After a 60 day waiting period, the final regulations which were published by the Department of Health and Human Services on November 2, 2009, became law. The regulations removed HIV from the list of “communicable diseases of public health significance,” meaning that anyone seeking to enter the U.S. as a visitor can do so without having to disclose their HIV status. The regulations also remove the HIV testing requirement for lawful permanent resident applicants.
As the lengthy bureaucratic process of publishing the regulations and issuing guidance on their implementation unfolded, there were several significant memoranda be issued by various U.S. government agencies about the end of the ban. The United States Citizenship and Immigration Services issued two memos about implementation of the end of the ban. On September 15, 2009 USCIS issued a memo which provided guidance on adjudicating cases before the January 4, 2010 change in the law. Specifically, the memo instructed officers not to deny cases based solely on a person’s HIV-positive status, but rather to hold them in abeyance until the change in the law.
On November 24, 2009, USCIS issued further guidance to its officers on adjudicating cases after January 4, 2010. Namely, the memo reiterates that HIV will no longer be a ground of inadmissibility, that waivers for individuals with HIV will no longer be required, that HIV anti-body testing will no longer be a part of the medical exam for lawful permanent resident applicants. It also provided that upon a motion with the proper fee, applications that were denied solely because the applicant was HIV positive after July 2, 2009 (the date that the final regulations were published) may be reopened.
At long last, on December 17, 2009, the Department of State issued a Q and A explaining the end of the HIV ban. This is very important because individuals seeking visas abroad (either short-term or for permanent residence) must do so with U.S. consulates which are part of DoS, not USCIS. The guidance made it clear that after January 4, 2010, HIV was no longer a reason to deny visas. However, if any problems with a consulate arise, please contact Immigration Equality.
Also, the Centers for Disease Control issueda letter to all doctors who conduct immigration medical exams. USCIS has updated the I-693 form to eliminate the box for HIV testing. Some doctors, however, may test for HIV with an applicant’s consent. If a physician does test for HIV, or if an applicant discloses their HIV status, the physician may record the HIV status on the I-693. It is important to note, however, that an indication or diagnoses of HIV, alone, will not affect visa or immigration applications.
The end of the HIV ban was the culmination of remarkably hard work by a broad coalition of immigration, HIV, LGBTQ, and human rights organizations. Together, we mobilized over 23,000 comments in favor of lifting the ban with fewer than 550 comments against lifting the ban. Significantly, over 400 organizations submitted or signed onto comments calling for an end to the ban and there were no organizational comments that asked HHS to keep the ban in place. Immigration Equality was among the organizations that submitted comments in full support of the proposed regulations.
None of this would have been possible without the leadership of Senators John Kerry and Gordon Smith and Congresswoman Barbara Lee, who led the fight in Congress in 2008 to remove the statutory HIV ban.
If you’ve looked through our legal resources and still have questions, please reach out via one of our contact forms at the bottom of this page.
The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.
Navigating the immigration system is daunting on your own. We’re here to help.
If you are lesbian, gay, bisexual, transgender, queer (LGBTQ) and/or HIV-positive and have a legal question or need representation, our legal resources can help.
Please note: The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.
The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter. Last updated:…
In addition to the different eligibility factors detailed below, note that the Trump administration has created additional rules that may affect an asylum seeker’s eligibility to apply for asylum.
The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter. Last updated:…
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