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Can I File for Asylum Based on My Gender?

The primary purpose of asylum is to provide shelter to those who face prosecution in their native country because of their political opinion, religion, nationality, or race. Persecution may include harassment, punishment, oppression and even death. Only recently has the U.S. government begun recognizing persecution based on gender, which has granted asylum to many women and young girls across the globe. Reasons that women fear persecution based on their gender include:

  • Domestic abuse
  • Gender-discriminatory laws
  • Female genital mutilation
  • Forced marriage
  • Honor killings
  • Culturally accepted forms of violence against women
  • Denial of fundamental human rights and freedoms

Unfortunately, being the victim of a sex-based crime does not entitle you to asylum based on your gender. In addition to the crime, you must prove that it was part of a discriminatory attitude towards your gender and that your country took no actions to prevent it from reoccurring.

If you are eligible for asylum and wish to apply, you must file a Form I-589 Application for Asylum within one year of your arrival in the United States. You can also receive work authorization by filing Form I-765 Application for Employment Authorization (EAD) 150 days after submitting your application for asylum. If asylum is granted, you may bring your children and spouse to the U.S. A year after being granted asylum, you can apply for a green card.

Any person inside the United States can apply for asylum, regardless of legal status. If you have questions about obtaining asylum status, contact our Orange County asylum attorney at the Law Office of Ashkan Yekrangi, P.C. We can help you gather evidence, such as medical reports and court or government documents, needed to build your case.

Call {F:P:Site:Phone} or contact us online today to begin your consultation.
Categories: Asylum