Asylum after 21 years as a Bisexual from a homophonic country in the Carribbean

[Islandgirl0846]

I applied for asylum in July of 2019, received my interview 30 days later, August 2019. I didnt know I could file for Asylum when I came as a bisexual female who was physically abused by my brother when I was between the ages of 7-13, I was so deeply wounded by the childhood experience that I never told anyone about my abuse at home. So, I decided that I am now bisexual, and when I was a kid, my brother would beat me terribly because I was always acting like a tomboy. I was beaten because of how I behave like a boy because I never stayed inside, and I was a very active child. I filed under the basis of sexual orientation. At my interview the AO asked me what happened to me, and why it took so long to file, and I told her because I didn't know I could and also, I just became content with who I really was, and if I was to go back to my country I would be discriminated against and probably beat up and I was afraid for my life. I cried telling my story, I saw myself once again as a little child who couldn't defend herself from an older brother who beat her almost every day of her life. I could not control my emotions. After the interview, the AO made me sign 4 letters which were all the same, the stated the date and time to come back for my decision. Has anyone else got ot sign 4 letters, and she games me one which was highligted. I am so nervous, I know I applied so late, but it was due to the effect that I didn't know I was qualified. I came as an F-1 student, and I just stayed,= because there was no way I was going back to that country where my brother was, plus as a bisexual female, I know the community where I am from is homophobic and would treat me horrible and probably set me up to get rape or something because the country considered itself a "Christian nation." But there have been reports that people have died because of their sexuality. I just hope someone reads over my file and have mercy on me. I need mercy right now. I am going through depression because I am not unable to work because they won't hire me as a teacher if I don't have proper authorization to work.

 

[7of9]

These are difficult cases. I'm sorry to hear about your experience. Let's get two things out of the way first: Applying late is not an issue. Secondly, unfortunately, not knowing is not defense enough, at least here in the US when it comes to the laws, be they civil or criminal: ie. you can't say I was going at 55 miles per hour because I didn't know that the actual speed limit was 35 miles per hour. Your failure to apply for asylum based on sexual orientation because you didn't know, if not enough defense.

Now for your case, I think it falls under domestic abuse. The bar for winning cases based on domestic abuse is super high. These are special cases that are very hard to adjudicate for asylum officers. You need a good lawyer to put things together, put together a coherent, case. Did you have a lawyer help you frame your case? If you didn't get help from a lawyer to help you put your case together, I assure you that you will not win the case. You will be referred to immigration judge if you are already out of status following expiry of your F1 student status. If you did put together your case with the help of a competent lawyer, then there is still hope.

 

[Islandgirl0846]

I put it together myself, and the AO did ask if I had a lawyer. I ddint feel a need to have an attorney because attorneys won't be allowed to answer questions for you, this was my moment, very private and personal moment. I found that some attorneys where I am from are not really compassionate, plus there are no asylum attorney officers in my area. I also told her that I just now became aware of my sexuality. She kept asking me "when did the abuse end?" ANd I kept telling her when I was 13, and I ran away. I was a 13-year-old child, came to the USA when I was 22. I also didn't know I could apply for asylum as part of the LGBT community, and I am not afraid, to be honest, and say that. I know my honesty will probably not get me legal in this country. But I do have two children, and the AO asked me if I had kids, and I said yes because I do have adopted twins whom I adopted when they were 1 year old, they are now 14. I think the AO was looking for the credibility of my words because she kept asking me one question like 4 times. I hope they overlook my ignorant of the law and see my need. I do not want to go back to my country, I will prepare to go to Canada or the UK.

 

[tinaina]

Awww. I just read your second post that said you didn't have lawyer. Your case is really special. The chance to get approve without lawyer is not that high. I hope you get but if you refere to court please hire a lawyer. Even a probono.

 

[tinaina]

I hope everything goes well with you.
Can you tell me how did you adopte your kids?
I look into the adoption rule and most places you have to be us citizen to be able to adopt a kid. Were they born in USA?
By the way, asylum officer will ask one question more than 4 times to make sure you are truthful.

 

[Islandgirl0846]

They are relatives kids that were left with me, they were abandoned by their parents. They are my nieces. I got legal guardianship over them already. I just put the adoption papers in April before they turn 16.

 

[Islandgirl0846]

I hope everything goes well with you.
Can you tell me how did you adopte your kids?
I look into the adoption rule and most places you have to be us, citizen, to be able to adopt a kid. Were they born in USA?
By the way, asylum officer will ask one question more than 4 times to make sure you are truthful.

She also asked me what was my occupation, I told her I am a teacher, I have a degree in American history, and I am certified in Math, Social Science, and Exceptional Students Education. I am good in math, and most principals makes me teache math even though I am certified in my degree area.

 

[tinaina]

She also asked me what was my occupation, I told her I am a teacher, I have a degree in American history, and I am certified in Math, Social Science, and Exceptional Students Education. I am good in math, and most principals makes me teache math even though I am certified in my degree area.

Were you out of status during last 21 years?

 

[Islandgirl0846]

Were you out of status during last 21 years?

Yes, and she knew that, you cannot lie to the government, they dont like liars, plus they can pull up your work records, they know who is working and who is not when you apply. But, now, I cannot get a teaching job without the proper papers, they do E-verify now, back in the days they just hire people left and right with no verifications.

 

[tinaina]

Yes, and she knew that, you cannot lie to the government, they dont like liars, plus they can pull up your work records, they know who is working and who is not when you apply. But, now, I cannot get a teaching job without the proper papers, they do E-verify now, back in the days they just hire people left and right with no verifications.

I know. I asked you because there is some loop hole when someone is in legal status to apply after one year deadline however, it doesn't contain being out if status for a long time.
I don't want to disappoint you but I don't think your case can get approved on spot since you didn't have a good reason to apply after one years deadline.
Has anything changed in your life, any physical or mental issue that is new over last year?
If your condition was the same you were not qualified for filling asylum after over a year.

 

[Islandgirl0846]

I know. I asked you because there is some loop hole when someone is in legal status to apply after one year deadline however, it doesn't contain being out if status for a long time.
I don't want to disappoint you but I don't think your case can get approved on spot since you didn't have a good reason to apply after one years deadline.
Has anything changed in your life, any physical or mental issue that is new over last year?
If your condition was the same you were not qualified for filling asylum after over a year.

I just came to terms with my sexuality.

 

[Islandgirl0846]

I just came to terms with my sexuality.

If a person just now came out as gay and are afraid or have been previously persecuted about their sexuality, there are legal grounds.

 

[Islandgirl0846]

I know. I asked you because there is some loop hole when someone is in legal status to apply after one year deadline however, it doesn't contain being out if status for a long time.
I don't want to disappoint you but I don't think your case can get approved on spot since you didn't have a good reason to apply after one years deadline.
Has anything changed in your life, any physical or mental issue that is new over last year?
If your condition was the same you were not qualified for filling asylum after over a year.

If a person just now came out as gay and are afraid or have been previously persecuted about their sexuality, there are legal grounds.

 

[tinaina]

If a person just now came out as gay and are afraid or have been previously persecuted about their sexuality, there are legal grounds.

Yes. That is a good point.
If your condition change is you just found out about our sexuality orientation, then you have a good point to apply after one year deadline.

 

[Islandgirl0846]

Yes. That is a good point.
If your condition changed is you just found out about our sexuality orientation, then you have a good point to apply after one year deadline.

Yes, I told the AO that in 2010 I came out to a friend, and that friend spread the rumors in my town which is a very homophobic island. She was my bff from 7-12th grade,and she turned on me even though I didnt go back to my country, she had already told other people that I was a lesbian and I was trying to make her my lover all those years from 7-12th grade, which was not the case.

 

[7of9]

In 2007, I had a strong case. I put it together myself, after graduating from college on an F1 student visa. I lost the case. It's not about the case, it s about how your case is presented. If you presented it in a professional manner, with evidence, with exhibits, etc, then you will win it. Unfortunately, most people who put their cases together themselves without lawyer help, they lose the case. Not because their case is weak, but because the case presentation is incomplete, or not proper. A proper case file, typically has the following (50+ pages long):

1. Table of Contents
2. Personal Statement - Tell your story in your own words
3. Basis of asylum (the legal bits): Mr. ABC vs. The People (not required for affirmative asylum, required if you go to court). For AO, a simple legal statement explaining why you deserve asylum is sufficient.
4. Country Conditions
5. Exhibit A - Criminal Record from the FBI
6. Exhibit B - Letters of Support from community: Pastor, church members, American friends,
7. Exhibit C - Affidavits: People back home attesting parts of your story (for example, if you say you were a member of Political Party A, have one of the party members send an affidavit supporting your claim).
8. Exhibit D - Health Status Affidavits: HIV/AIDS +? Submit the evidence here. LGBT? Submit the evidence here. Tortured? Have a doctor submit a letter with results of physical exam. Trauma from the torture? Have psychiatry person submit results of exam.
9. Exhibit E - Case Studies of people like you (LGBT, HIV/AIDS, govt. critics, journalists, etc) who went back and something happened to them, which could happen to you.
10. Conclusion: "The record and exhibits presented in this case clearly show that Mr. ABC was .... and is ...... His government, like it has done in the past, will not offer him protection. If he is returned to his home country, he is likely to face ...."

If your case was put together as a above, you have a chance. Even if put together like above, probability of success is very very low. Why I said in my first post, you can't win the case. Anyway, good luck. We will all be happy for you here if you win the case! We have all been through the same process.

 

[Islandgirl0846]

In 2007, I had a strong case. I put it together myself, after graduating from college on an F1 student visa. I lost the case. It's not about the case, it s about how your case is presented. If you presented it in a professional manner, with evidence, with exhibits, etc, then you will win it. Unfortunately, most people who put their cases together themselves without lawyer help, they lose the case. Not because their case is weak, but because the case presentation is incomplete, or not proper. A proper case file, typically has the following (50+ pages long):

1. Table of Contents
2. Personal Statement - Tell your story in your own words
3. Basis of asylum (the legal bits): Mr. ABC vs. The People (not required for affirmative asylum, required if you go to court). For AO, a simple legal statement explaining why you deserve asylum is sufficient.
4. Country Conditions
5. Exhibit A - Criminal Record from the FBI
6. Exhibit B - Letters of Support from community: Pastor, church members, American friends,
7. Exhibit C - Affidavits: People back home attesting parts of your story (for example, if you say you were a member of Political Party A, have one of the party members send an affidavit supporting your claim).
8. Exhibit D - Health Status Affidavits: HIV/AIDS +? Submit the evidence here. LGBT? Submit the evidence here. Tortured? Have a doctor submit a letter with results of physical exam. Trauma from the torture? Have psychiatry person submit results of exam.
9. Exhibit E - Case Studies of people like you (LGBT, HIV/AIDS, govt. critics, journalists, etc) who went back and something happened to them, which could happen to you.
10. Conclusion: "The record and exhibits presented in this case clearly show that Mr. ABC was .... and is ...... His government, like it has done in the past, will not offer him protection. If he is returned to his home country, he is likely to face ...."

If your case was put together as a above, you have a chance. Even if put together like above, probability of success is very very low. Why I said in my first post, you can't win the case. Anyway, good luck. We will all be happy for you here if you win the case! We have all been through the same process.

Yes, my case was well put together that she thought I had an attorney, she asked where was my attorney, I said I dont have one. I put all my evidence in there. I also have a U visa case that is also pending, the u visa case is somewhat related to this asylum, but I didnt go into details with her. She did ask me what happened to me and why I applied for the u visa, I told her what had happened, and she looked at me in the eyes like I was a pitiful little puppy who got mistreated all its life. SHe was very kind to listen to me and not judging me or being angry with me. SHe let me vent without interruption, she was a very kind AO, she never once judged me, only asked me why didnt I apply when I can to the USA when I was 17, which was the first entry, she never once tried to trick me or cathc me in a lie. I was crying uncontrollably because that was the first time I ever gotot tell my story, and it was the first time someone actually asked what happened to me when I was little. I still cry on and off since the asylum interview, Once a person has gotten abused as a child, that abuse never stops, because people can tell when someone has been abused based on how the person carries themselves. I vow to never be a victim anymore. ANd if things dont go as planned with the asylum case, I know for sure I got someone of that stuff out of my head, I been holding it in since I was a 7 years old child. REally bad things happend to me physically. Getting beat every day or every other day as a child, and even getting burned on my back, missing school for weeks sometimes a whole month because of bruised skin, and the teacher never asked what happend to my skin, she only asked, "is your mom an alcoholic." No one protected me as a child. Had I not ran away that day, I know for sure I wold had gotten beat to the point of no return. My spirit as a child was broken so bad. I never smiled, and it is with me today, I never smiled..But I had one thing in mind, that I was going to leave and never come back, however, I didnt know when I came to the USA as a 17-year-old, that I could of filed for asylum, I wasted all those years wishing someone would ask me about my past, someone who actually cared and would actually help me have a good life. Instead, people were after me to prey on me for sex. I never had anyone who actually loved me.