Solomon decided to overstay his visa in the U.S.
In 1994 former Attorney General Janet Reno expanded asylum law to include immigrants who could prove government persecution based on sexual preference.
Asylum applications must be filed within one year of entry into the U.S. Immigrants must prove persecution in their home country on the basis of race, religion, nationality, political opinion, or membership in a particular social group—gay asylum cases fall under this category, according to Victoria Neilson, the legal director of Immigration Equality, a national organization that works to end immigration discrimination.
"People don't know it's an option. It's very hard for people to learn about it, and learn about it in time," said Rachel Tiven, executive director of Immigration Equality, which screens selectively and accepts only one in seven prospective asylum petitioners. "The number one reason we turn away cases is because they're beyond the one-year filing deadline."
A year after arriving in the U.S., Solomon suffered a stroke, which left him paralyzed, unable to speak and walk for seven months. But Solomon chose to apply despite missing the filing deadline. According to Immigration Equality, Solomon's circumstances were exceptional and he received a waiver for the application deadline.
"I did not have an identity for years," said Solomon. "My entire life was a lie."
Now, he can run out of his apartment and kiss his boyfriend on the street. As he searches for a job, he can confidently negotiate his salary. And he looks forward to bringing Dane, Jr. to the U.S. after seven years apart.
"This is the start of my American Dream," Solomon said. "I can make a better life, not just for myself, but for my son." |