For those who have given up on finding a domestic partner within the U.S., there is good news. You may be able to order one from another country. Your Saudi prince or princess may be living with you here shortly. The only catch is that you have to get them into the U.S. legally, and then help them seek asylum. It’s getting a little easier.

Within the last year, the Bush administration has lost several immigration cases that, when taken together, treat GLBT immigrants the same as heterosexuals seeking asylum from oppressive regimes/policies in Cuba, China and fundamentalist Islamic countries.

The Ninth Circuit Court of Appeals has consistently ruled against the Bush administration. They have been trying to deny asylum status to GLBT individuals fighting deportation to their home countries, where they would face abuse by either their governments or by private individuals.

There are two legal theories under which GLBTs can fight deportation: 1) Claim asylum in the U.S. because of fear of government persecution of GLBTs, or 2) claim asylum because one would suffer torture (hate crimes) at the hands of private parties in the home country.

Cases are certainly stronger where the individual can show past persecution, but increasingly, the courts accept a likelihood of abuse upon return.

The latest case involves Nasser Karouni, a Lebanese citizen. He entered the U.S. in 1987. He is gay and has AIDS. Then-Attorney General Ashcroft sought to deport the man back to Lebanon. The man sought asylum.

He tried to show that returning him to Lebanon would mean certain death or severe abuse. His attorney, San Diegan Douglas D. Nelson, showed that the Hizballahs in Lebanon actively condemned homosexuality as a crime under Islamic law.

Karouni’s cousin, who was also gay, was shot in the anus by Hizballah soldiers and later shot to death. Karouni was interrogated by Hizballah soldiers as well, but he was able to leave Lebanon. He was unable to seek treatment for AIDS, which is viewed in Lebanese society as a punishment for homosexuality.

Ashcroft, however, didn’t think any of this was compelling. Under federal law, a person must show a well-founded fear of persecution on account of being a member of an unpopular social group in the home country.

Ashcroft argued that Karouni could escape persecution. How, you ask? He could simply refrain from engaging in gay sex.

But the Ninth Circuit Court of Appeals said this was absurd. Karouni shouldn’t have to choose between persecution and celibacy.

The court went on to find that Karouni had established a well-founded fear of persecution.

The effect of this decision makes every GLBT from an Islamic country eligible for political asylum.

Even in non-Islamic countries, such as in Latin America, where the government is indifferent to hate crimes against GLBT people, there is hope. The court ruled in Reyes v. Ashcroft that the Convention Against Torture applies to GLBTs. Reyes was a gay man who entered the U.S. from El Salvador. He fought deportation (and claimed asylum) on the grounds that he was subject to abuse in El Salvador because he is gay. Private persons had abused him, not government officials, so U.S. immigration officials denied his claim for asylum.

The federal appellate court disagreed, and it found that individuals can claim asylum in the U.S. even if the home government did not produce the abuse. The court has significantly opened the door for GLBT immigrants to seek permanent status in the U.S.

Practically, by my count, with the exception of Canada and a handful of other countries that criminalize hate crimes against gays, there will be lots of GLBT folks heading here.

My concern is that many people already here do not understand immigration law and may end up battling with immigration officials when laws actually work in their favor. Like everything else these days related to GLBT law, it’s complicated. So they should have competent legal counsel.

None of this means that GLBTs are now afforded the same immigration rights as straight folks, who can marry anyone from anywhere and obtain immigration benefits for their partner. But it does mean that there is hope that your partner can remain in the U.S. without fear of deportation.