FAQs
- Can you help me get a visa to travel to the US?
- Common misconceptions?
- What are the grounds for persecution?
- What are the minimum qualifications?
- How long does the entire application process take?
- What kind of proof does one need?
- Are there any residency requirements?
Can you help me get a visa to travel to the US?
No. I do not provide any assistance with obtaining travel visas to the US.
Common misconceptions?
People with arrest records do not qualify. NOT TRUE.
Depends on what kind of arrest. Lots of transsexuals have prostitution records, but it is not necessarily a bar.
People with convictions for SALE of drugs do not qualify. But people with one conviction for drug possession probably do. Drug convictions are very serious, and each conviction must be analyzed carefully.
Other kinds of criminal convictions do not automatically render one ineligible.
Drunk driving (DUI) is generally not serious. Shoplifting is generally not serious. However, more than one conviction can always be extremely serious.
Attorney needs to assess case by case.
Being HIV positive is a negative factor. NOT TRUE.
On the contrary, being HIV positive makes a case for asylum stronger.
Mexicans do not qualify for political asylum. NOT TRUE.
Political asylum is available for anyone that has been persecuted on account of his or her sexual orientation in his or her country or origin.
Political asylum requires written proof of persecution. NOT TRUE.
It is true that it is becoming increasingly more difficult to obtain asylum without proof of what one has suffered or endured. On the other hand, it is not a requirement to present police reports verifying mistreatment. There are many secondary ways to establish mistreatment via written affidavits, statements from witnesses, doctors letters, etc.
What are the grounds for persecution?
- Rape
- harassment
- false arrest
- demand for unwanted sexual favors,
- beatings
- loss of employment
- false criminal accusations
- rejection by society
- forced to assume the behavior of heterosexual in order to avoid serious problems, etc.
What are the minimum qualifications?
- Must have resided in the US for LESS than one year at time of application.
- Must have been persecuted by the government or elements of the society/government (i.e.:police) and the government is unwilling or unable to control.
How long does the entire application process take?
The whole process from first interview with the attorney to the interview with the I.N.S. Asylum office takes approximately 6 months
What kind of proof does one need?
- Police complaints filed.
- Doctors’ letter if one has been injured and needs to seek medical treatment.
- Letters from treating psychologists and/or therapists.
- Letters from employers if one has been fired.
- Any kind of documentation that can prove one’s testimony.
- NOTE: Lack of documentation DOES NOT prevent one from seeking political asylum.
Are there any residency requirements?
Yes. You must be a resident of the SF/Bay area. For more information please contact me.
More FAQs will be posted regularly. Be sure to be come back regularly and check the updates.
