Transgender Immigration Rights
Skilled Orange County Immigration Attorney
The LGBT community in general face a high risk of harm if they are returned
to their country of origin, and this is especially true for trans individuals.
Many studies from well known human rights organizations note that transgender
and transsexual individuals face a high degree of persecution and discrimination
in foreign countries.
Transgender individuals living in the United States who are not United
States citizens, permanent residents, or otherwise do not have proper
documentation, have several ways to "legalize" their stay in
the United States. The United States, as a member of the 1951 United Nations
Refugee Convention, cannot deport individuals who will face harm because
of their identity – this includes individuals who are trans or are
in the process of sexual reassignment.
Are Transgender Individuals Eligible for Asylum?
Yes, trans individuals are eligible for
asylum, as long as they apply for asylum within one year of their arrival in
the United States. This rule, however, is problematic for many transgender
individuals, because they either have not completed their transformation,
were afraid to be who they are, or did not undergo certain therapies related
to their gender. Exceptions do exist, and transgender people can successfully
apply for asylum, even if one year has passed. You should consult a transsexual
immigration attorney who is familiar with the issues that trans individuals face.
What If I Am Not Eligible for Asylum?
If you are found not be to be eligible for asylum, you may be eligible
for "withholding of removal." Withholding of removal stops your
physical deportation to the country where you will face harm. Withholding
of removal allows you to legally work in the United States and obtain
a social security number. Under withholding of removal, you are generally
not allowed to travel outside the United States unless you first seek
permission, and permission is granted. This is often referred to as "advance
parole". Do not travel to the country that you claim you will face harm.
Don't hesitate to take the steps toward lawful residence. Contact our
Orange County immigration lawyer today for your
I Was Granted Withholding Of Removal And Now I Am Married To A U.S. Citizen,
What Can I Do?
If you were granted withholding of removal and subsequently married a United
States citizen, we must petition the immigration court to reopen your
case so that you can adjust your status. The normal rules for adjustment
of status will apply. For example, if you entered the country "without
inspection" you will not be able to adjust your status unless you
are 245(i) eligible or have been granted "parole in place".
You cannot simply adjust your status through USCIS because when you were
granted withholding of removal, the judge also entered a removal order
Victims of Crime
Many people in the transgender community are victims of crime. In this
scenario, you may be eligible for a
U-visa. Contact our Orange County immigration lawyer today to discuss your eligibility.
Victims of Human Trafficking
Some transgender individuals are also victims of human trafficking. In
this scenario, you may be eligible for a T-visa. Our firm can help you
determine whether or not you qualify for this visa option.
Call Today For Skilled Counsel
The transgender community is perhaps the most vulnerable community on the
planet, facing persecution throughout the world. The United States has
created laws to protect you. There is no reason to hide and immigration
laws are highly in your favor.
It is important to consult an immigration attorney who is familiar with
the issues facing the LGBT community. Ashkan Yekrangi is a gay immigration
attorney in Orange County, serving the surrounding areas of Los Angeles,
and in particular Santa Ana, Anaheim, Costa Mesa and Irvine. The Law Office
of Ashkan Yekrangi celebrates and welcomes equality for all.
Don't hesitate to secure the counsel you need. Call our firm today
at (949) 478-4963.