Irvine Transgender Immigration Law Attorney
Helping All People with Complex Immigration Matters
Members of the LGBT community in faces high risk of harm if they return to their country of origin. 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.
If you or a loved one is a trans person who is dealing with an immigration case, reach out to immigration lawyers backed by years of experience at Yekrangi & Associates. We have served throughout Orange County for many years. Your immigration story matters to us, so take the first step today and request a consultation.
Deportation Defense for Transgender Immigrants
Trans people living in the United States who are not citizens, permanent residents, or otherwise do not have proper documentation, have several ways to "legalize" their stay in the U.S. 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 in the process of sexual reassignment.
What Are My Rights as a Transgender Couple?
As of 2015, the Obergefell v Hodges ruling essentially eliminates any conditions for marriage that are based on gender. This means that transgender spouses seeking to immigrate to the U.S. have the same rights as other same-sex or heterosexual spouses do. While the rights are the same on paper, transgender immigrants face unique challenges and are often discriminated against. You may require additional legal expertise on their side to ensure your rights are upheld. It is in your best interest to get the support of an experienced transgender immigration lawyer.
Am I Eligible for Asylum?
Yes, trans people are eligible for asylum, as long as they apply within one year of their arrival in the United States. This rule, however, is problematic for many, 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. However, exceptions do exist, and transgender people can successfully apply for asylum, even if one year has passed. Consult a transgender immigration law attorney who is familiar with the issues that those of the trans community may face.
I Am Not Eligible for Asylum. What Are My Options?
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. It 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 be afraid to take the steps toward lawful residence. Call our transgender immigration lawyer law attorney for a consultation at (949) 478-4963. Se habla Español.
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 against you.
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 Anaheim, Costa Mesa and Irvine. Yekrangi & Associates celebrates and welcomes equality for all.
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