Q: Hi I'm a Guatemalan guy whit no legal status in this country I'm gay and I'm in this country because of discrimination .

A: In order to qualify for asylum you need to have suffered past persecution or have a well-founded fear of future persecution based on a protected ground (race, religion, nationality, membership in a particular social group, or political opinion). In addition, you have to file for asylum within one year of your entry to the United States unless you qualify for an exception. While discrimination on its own would not ordinarily qualify as past persecution, you should speak with an immigration attorney to discuss your personal experiences and the country conditions in Guatemala to see if you have a legitimate claim.

A: I agree with my colleague for the most part but wanted to offer more details to provide a clearer picture so that you can start by self-assessing your qualification.

You may be eligible to file for asylum if you can show that you have a well-founded fear of persecution either (1) as a member of LGBTQ group in Guatemala, or (2) based on your political opinion if you have engaged in LGBTQ rights activism in your home country and fear persecution on that basis.

Persecution is mistreatment that is perpetrated directly by the government, or by individuals whom the government cannot or will not control. It refers to more serious rather than simple harassment or discrimination. However, less serious forms of mistreatment if frequent and over a long period of time may rise to the level of persecution.

You must not have been convicted of a “particularly serious crime” in the United States such as conviction for aggravated felony, convictions related to selling drugs, or convictions involving significant violence, harm, or a serious risk of injury to others. Last but not least, (with narrow exceptions) you must file your asylum application within one year of your last arrival to the U.S.

If you feel you’re qualified based on the foregoing criteria and decide to file an application for asylum, I recommend that you do so with the help of an attorney, and preferably one who is local and can keep your cost down for attending the interview with you.