Is it true..

Zysoclaplem

Diamond Member
Sep 26, 2003
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for being gay?
My ex told me if you are mexican, and illegal in the United States, you can often times be granted amnesty for claiming (and I guess proving?) that you are homosexual.
This true?
 

KLin

Lifer
Feb 29, 2000
30,121
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The UN High Commissioner for Refugees (UNHCR) has affirmed that lesbians and gay men who can show that they have a well-founded fear of persecution because of their sexual orientation may be considered members of a ''particular social group'' and fall within the definition of refugees as set out in the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol. Numerous states have granted asylum to homosexual and transgendered people on that basis.

http://web.amnesty.org/library/index/ENGACT790031999
 

jagec

Lifer
Apr 30, 2004
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Originally posted by: Zysoclaplem
for being gay?
My ex told me if you are mexican, and illegal in the United States, you can often times be granted amnesty for claiming (and I guess proving?) that you are homosexual.
This true?

"proving"?

"You, and you. Fornicate. Now."
 

Zysoclaplem

Diamond Member
Sep 26, 2003
8,799
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Originally posted by: jagec
Originally posted by: Zysoclaplem
for being gay?
My ex told me if you are mexican, and illegal in the United States, you can often times be granted amnesty for claiming (and I guess proving?) that you are homosexual.
This true?

"proving"?

"You, and you. Fornicate. Now."

Well anyone can say it...lol.
 

steelels1

Member
Aug 18, 2003
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I wouldn't have made that up :confused:

Since 1994, it has been possible for gays and lesbians to apply for asylum as ?members of a particular social group,? if they have suffered past persecution or have a well founded fear of future persecution in their country on account of their sexual orientation.

And I guess the correct word would be asylum, not amnesty.

Try here. Has more info on how to go about it. Also might try Lambda Legal.
 
Jul 1, 2000
10,274
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Originally posted by: Zysoclaplem
for being gay?
My ex told me if you are mexican, and illegal in the United States, you can often times be granted amnesty for claiming (and I guess proving?) that you are homosexual.
This true?

Yes and no. You have to prove that you have a well founded fear of persecution based upon your membership in a social group (in this case practicing homosexual Mexicans). You also have to bring this claim within a year, and then the burden of proof is on you to do so.

It is not as easy as saying "I'm gay" and filling out a form. You have to go to trial, since the INS is not going to just roll over.

I have never had an asylum case involving gay Mexicans. A friend of mine won an asylum case involving a gay Columbian couple.
 
Jul 1, 2000
10,274
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Originally posted by: Zysoclaplem
Originally posted by: jagec
Originally posted by: Zysoclaplem
for being gay?
My ex told me if you are mexican, and illegal in the United States, you can often times be granted amnesty for claiming (and I guess proving?) that you are homosexual.
This true?

"proving"?

"You, and you. Fornicate. Now."

Well anyone can say it...lol.

Well, they are looking for documentation. I'm not exactly sure how you'd document that.
 

AZGamer

Golden Member
May 14, 2001
1,545
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Is there a well founded fear of persecution of openly homosexual individuals in Mexico?

(That's not a rhetorical question, I really don't know)

If there is then they can make an asylum claim.... That said, the technicalities of the law and actual implementation are different - and it's more likely that a legitimate asylum claim will be denied by a government then the granting of a false asylum claim (aka the USA isn't overwhelmingly pro-asylum for any group but Cubans)
 

puffff

Platinum Member
Jun 25, 2004
2,374
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Originally posted by: DevilsAdvocate
Originally posted by: Zysoclaplem
Originally posted by: jagec
Originally posted by: Zysoclaplem
for being gay?
My ex told me if you are mexican, and illegal in the United States, you can often times be granted amnesty for claiming (and I guess proving?) that you are homosexual.
This true?

"proving"?

"You, and you. Fornicate. Now."

Well anyone can say it...lol.

Well, they are looking for documentation. I'm not exactly sure how you'd document that.

Or they could show dirty gay pictures and see if the asylum seeker gets a hardon?