If I am an out-of-status international student, can I apply for asylum based on my homosexuality or will my status be a problem?

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If I am an out-of-status international student, can I apply for asylum based on my homosexuality or will my status be a problem?

I’m Jamaican and came here this year to study. I am currently out-of-status (not ruled yet) and going back to Jamaica will be a very dangerous move for me because I am gay. I heard about some **** Jamaicans winning asylum and I want to know if this is a possible way for me to remain here. And if not, what other options do I have open?

Asked on August 28, 2012 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can apply for asylum if you have fear of returning based on some specific grounds.  It's not enough for you to know about other Jamaicans that may have prevailed in an asylum claim.  You, personally, must be able to show that you have experienced persecution on the basis of your sexual orientation at the hands of the Jamaican government or an entity controlled by the government.


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