Gender Based Asylum in the US

If you have a well-founded fear of persecution in your country based on your gender, you may be eligible to apply for asylum in the U.S. You can only apply for asylum after you are already in the U.S. Generally you should apply for asylum based on gender within one year after arriving in the US, however there are various exceptions to this rule.

In this case persecution includes, harassment, punishment, injury, oppression, or other methods that cause physical, psychological or economic harm. The fear of persecution in this case might be from the government in one’s country or from a group that the government is unwilling or unable to control. In the recent years, U.S. government has begun recognizing persecution based on gender, which has allowed women to obtain asylum in the U.S.

The most common reasons people fear persecution are as follows:

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

 

Gender Based Asylum in the US

Gender Based Asylum.

Photograph by NewsDeeply

“Persecution includes, harassment, punishment, injury, oppression, or other methods that cause physical, psychological or economic harm”

Victims of sex-based crimes are not entitled to asylum based on gender. The applicant must prove that crime was part of a discriminatory action towards your gender and that your country failed to take necessary measures to control the type of crime from happening again.

If your asylum application has been pending for more than 150 days, you may be eligible to apply for a work permit (I-765). After your asylum application is approved, you can sponsor your spouse and/or children. You will be eligible to apply for a Green Card one year after you are granted asylum status.

Additional Asylum Resources:

  1. Asylum
  2. Gender Based Asylum
  3. LGBT Asylum
  4. Withholding of Removal
  5. Convention Against Torture (CAT)

If you think you may be eligible for Gender Based Asylum,
Contact our Immigration Attorney for assistance on your case.

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