LGBTQ+ Asylum: Protection for Individuals Facing Persecution for Who They Are

Fleeing Persecution Based on Sexual Orientation or Gender Identity

In many parts of the world, LGBTQ+ individuals face life-threatening discrimination simply for being who they are. From criminalization and state-sanctioned violence to persecution by family, neighbors, or extremist groups, LGBTQ+ people are often forced to hide their identity — or flee for survival. At Benach Pitney Reilly Immigration, we are proud to stand with LGBTQ+ asylum seekers and provide dedicated legal advocacy to protect their right to live freely and safely in the United States.

Legal Representation for LGBTQ+ Individuals Seeking Safety in the United States

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Why LGBTQ+ Individuals Seek Asylum in the United States

Many countries continue to criminalize homosexuality, outlaw gender expression, or turn a blind eye to violence against LGBTQ+ people. Asylum protection in the U.S. offers a vital pathway to safety for individuals who:

  • Have been arrested or detained for their sexual orientation or gender identity
  • Were targeted by community members or even their own families
  • Suffered physical attacks, threats, or sexual violence
  • Experienced denial of housing, employment, or education
  • Were subjected to “conversion therapy” or forced medical procedures


Seeking asylum is not just about starting over — it’s about survival.

Who Qualifies for LGBTQ+ Asylum?

To be eligible for asylum in the U.S., an applicant must demonstrate:
✅ A well-founded fear of persecution
✅ Based on sexual orientation, gender identity, gender expression, or HIV status
✅ By the government or by groups that the government is unwilling or unable to control

🕒 The One-Year Filing Deadline

Applicants must generally apply for asylum within one year of entering the U.S. Some exceptions apply — including cases involving trauma, medical needs, or steps toward gender transition. We help clients understand and assert eligibility for these exceptions.

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Common Challenges in LGBTQ+ Asylum Cases

Applying for asylum can be a daunting and emotional experience — especially for LGBTQ+ individuals navigating complex systems with deeply personal stories. Some of the most common hurdles include:

  • Difficulty proving identity in cultures where being LGBTQ+ must be hidden
  • Fear or trauma that affects a person’s ability to testify or share details
  • Lack of “official” documents — no photos, records, or reports
  • Cultural biases from asylum officers or immigration judges

At Benach Pitney Reilly Immigration, we approach every LGBTQ+ asylum case with sensitivity, strategy, and support.

How can Benach Pitney Reilly Immigration Help?

We don’t just understand asylum law — we understand what’s at stake for LGBTQ+ individuals facing persecution. Our firm provides:

✅ Expert Legal Representation – We guide asylum seekers through every step, from preparing applications to attending interviews and court hearings.
✅ Country Condition Research – We build strong evidence to show how LGBTQ+ people are treated in a client’s home country.
✅ Personalized Affidavit Development – We help clients safely tell their story in a way that communicates truth and credibility.
✅ Collaboration with LGBTQ+ Advocates – We partner with shelters, therapists, and community organizations to support holistic client care.
✅ Full Representation Before USCIS & Immigration Court – We fight for our clients’ right to stay safe — and stay here.

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Why Partner with Benach Pitney Reilly Immigration?

At Benach, Pitney, & Reilly Immigration, we are proud to provide inclusive and trauma-informed legal representation to LGBTQ+ asylum seekers. Our firm is LGBTQ+-owned, and we fight every day to protect the rights of our community.

🌈 Experienced in LGBTQ+ Asylum Claims
We’ve helped LGBTQ+ clients from across the globe obtain protection in the U.S.

🌈 LGBTQ-Owned and Operated
We understand the risks, the fears, and the urgency — because this work is personal to us.

🌈 Compassionate, Confidential Legal Support
We ensure that your story is heard, your safety is protected, and your case is treated with dignity.

If you are an LGBTQ+ individual fleeing persecution, we’re here to help you build a safer future.

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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.