# gays from pakistan seeking asylum in USA



## pakiapplicant123 (Jun 11, 2013)

Hi
Anybody our there who can share how it is like for pakistani gays seeking asylum in USA?


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## Guest (Dec 15, 2013)

Why would you need to claim asylum in the USA when you have applied and on the path to get PR in Australia?


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## pakiapplicant123 (Jun 11, 2013)

Another couple here was looking for options to leave the country and be together. They dont qualify for the australian program. So I told them I ll ask friends on the American forum as one of the couple holds US visit visa. Hencc I thought they could use this option. As for my case, its in procesa.


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## twostep (Apr 3, 2008)

Obtaining Asylum in the United States | USCIS


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## pakiapplicant123 (Jun 11, 2013)

twostep said:


> Obtaining Asylum in the United States | USCIS


Thanks. I went through the training material. It seems US is welcoming to gay refugees. Or is it not true?


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## Guest (Dec 17, 2013)

The USA like most other developed countries will accept applications from all refugees and asyum seekers gay or not as long as they are made within the law. 

Once they have investigated the applicants claims, found them to be genuine, within national and international Law they will then be very welcoming. 

If there is no evidence of their claims, found to be fraudulent or it does not fit with the law they will be rejected.


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## pakiapplicant123 (Jun 11, 2013)

_shel said:


> The USA like most other developed countries will accept applications from all refugees and asyum seekers gay or not as long as they are made within the law.
> 
> Once they have investigated the applicants claims, found them to be genuine, within national and international Law they will then be very welcoming.
> 
> If there is no evidence of their claims, found to be fraudulent or it does not fit with the law they will be rejected.


Thanks Shel. The couple we are talking about is facing persecution as they were exposed by accident. Now only one holds a US visa. Should the visa holder go and file his case or should both go together? And should they care for the state they will go to or should they not worry about that?
I must admit my own research is very limited in asylum matters but i hope this endeavour and all your support can make someones life better


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## BBCWatcher (Dec 28, 2012)

There might be a simpler path here. The U.S. now recognizes same sex marriage or intention of marriage for immigration purposes (and for all other federal government purposes, as do many U.S. state governments). Does the U.S. visa holder have the ability to sponsor a spouse or fiancée/fiancé for a U.S. visa? Would they get married if they could, or are they already married?


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## pakiapplicant123 (Jun 11, 2013)

BBCWatcher said:


> There might be a simpler path here. The U.S. now recognizes same sex marriage or intention of marriage for immigration purposes (and for all other federal government purposes, as do many U.S. state governments). Does the U.S. visa holder have the ability to sponsor a spouse or fiancée/fiancé for a U.S. visa? Would they get married if they could, or are they already married?


They are not married as they cant be married in Pakistan. The visa holder only has a visit visa so he cant sponsot I assume. And yes they would love to get married!


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## BBCWatcher (Dec 28, 2012)

Right, if it's a non-immigrant visa, e.g. a tourist visa, then it wouldn't be helpful for sponsoring the other spouse (or spouse-to-be).

I didn't ask whether they got married in Pakistan. I'm quite aware same sex marriage is not permitted in Pakistan. However, the U.S. federal government began recognizing same sex marriage (and intention to marry) earlier this year (2013) for all governmental purposes, including immigration.


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## pakiapplicant123 (Jun 11, 2013)

BBCWatcher said:


> Right, if it's a non-immigrant visa, e.g. a tourist visa, then it wouldn't be helpful for sponsoring the other spouse (or spouse-to-be).
> 
> I didn't ask whether they got married in Pakistan. I'm quite aware same sex marriage is not permitted in Pakistan. However, the U.S. federal government began recognizing same sex marriage (and intention to marry) earlier this year (2013) for all governmental purposes, including immigration.


So what i undertand is that they can apply for immigration using an intention to marry declaration? What about the imminent risk they are facing. Isnt it possible for one to go and seek protection and invite the other?


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## twostep (Apr 3, 2008)

usman1984 said:


> So what i undertand is that they can apply for immigration using an intention to marry declaration? What about the imminent risk they are facing. Isnt it possible for one to go and seek protection and invite the other?


We are receiving third party information here and that in bits and pieces. Your friends knowingly broke the law of their country of origin/residence. The link to uscis.gov gives all the official information about asylum/refuge.

You posted visitor visa so I assume B2. This is strictly issued for one person, does not allow employment or "inviting" someone and is generally limited to 180 days. 

Marriage between two tourists in the US is possible but has no impact on immigration status.


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## pakiapplicant123 (Jun 11, 2013)

twostep said:


> We are receiving third party information here and that in bits and pieces. Your friends knowingly broke the law of their country of origin/residence. The link to uscis.gov gives all the official information about asylum/refuge.
> 
> You posted visitor visa so I assume B2. This is strictly issued for one person, does not allow employment or "inviting" someone and is generally limited to 180 days.
> 
> Marriage between two tourists in the US is possible but has no impact on immigration status.


Yes. They have broken laws in pakistan which prohibit gay relationship. They are pakistanis and live here hence couldnt be allowed to have relationship. That is the very basis of their intention to seek protection. The reason they are thinking of using the visit visa is so that one can enter US legitimately and then claim asylum based on sexual orientatuon based persecution. He doesnt intend to use the visit visa to sponsor his partner but he intends to file asylum after he has lawfully entered US on the visa he already has and find a way to have his partner come to the US as well.

I am trying to be clearer and am sorry for bits and pieces.


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## BBCWatcher (Dec 28, 2012)

Ignore the idea of a spousal or fiancé/fiancée visa in this case. That was a possibility before you revealed that one half of the couple has a B2 non-immigrant visa. A B2 won't work in that way.

Check that USCIS site linked above on refugee/asylum processes if you haven't already.


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## EVHB (Feb 11, 2008)

Maybe your friends can contact some of these organizations in the US to inquire about legal options:
The Gay, Lesbian, Bisexual, Transgender National Help Center: (888) THE-GLNH or (888) 843-4564

Immigration Equality is a national organization that provides legal aid and advocacy for LGBT and HIV-positive immigrants and their families. Immigration Equality | Join the fight for lesbian, gay, bisexual and transgender immigrants

Or you can get a first free consult here: Acerca de nós (but I don't know how honest they are with their advise, as they earn their living because of paying clients)


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## pakiapplicant123 (Jun 11, 2013)

jb44 said:


> Change your habits and stay where you are easy


I dont find that very encouraging. Although the couple we were talking about met a horrible tragedy before anything could be done but still its not about changing habits, its about changing nature which is impossible. Many lives do end in hiding but those who can find peace elsewhere ought not to be told to change themselves.


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## 1questxx (Jun 29, 2012)

Tell your friend to respect Pakistani anti-gay laws, they were made for a reason.

Pakistanis don't need for the USA to offer asylum to local fugitives of justice, the countries are supposed to be allies, not enemies, and the last time I looked, they had free elections in Pakistan.


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## pakiapplicant123 (Jun 11, 2013)

1questxx said:


> Tell your friend to respect Pakistani law, they were made for a reason, and the last time I looked, they had free elections in Pakistan.
> 
> The last thing Pakistanis need is for the USA or any other country to offer asylum to fugitives of justice and criminals.


I think the moderator should speak. Your comments seem to deny the very premise of why some countries have laws violating human rights and why some other more developed countries offer refuge to victims of such laws. And nobody invokes such laws deliberately. Such people are already minorities and anathema of the society hence they remain in hiding however when exposed by accident they are persecuted and they need protection. 2


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## MaidenScotland (Jun 6, 2009)

I have already deleted and infracted a poster... Will close the thread until the mod of this country is available to deal with the posts


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