Sexual Orientation Asylum: 2015 Update

Asylum applications based on sexual orientation have risen in the United States and Canada in past decades. Here, attorney Mark Silver addresses the challenges of litigating an asylum petition based on sexual orientation and offers his insight as a clinical expert who evaluates claims of persecution and harm. With a specific focus on psychiatric issues, he also discusses how to balance the experiences of the applicant in his or her country of origin with the experiences as a new immigrant. By virtue of its sensitive nature, the sexual orientation asylum petition comes with challenges and obstacles that require particular attention by both the lawyer and clinician during the application process.

Learning Objectives:

I.     Understand psychological, social, and community challenges faced by asylum petitioners

II.    Comprehend the adversity facing these clients

III.   Recognize potential psychiatric issues that may result from such persecution

IV.   Identify proper evidence of persecution to support a petition for sexual orientation asylum