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Canadian Immigration for Americans: An LGBTQ+ Immigration Lawyer’s Perspective

November 11, 2025 | Adrienne Smith (she/her)

Introduction

Shifts in the U.S. political landscape that negatively affect the 2SLGBTQIA+ community often renew conversations among Americans about the possibility of seeking greater safety and inclusion in Canada.

The year 2025 has marked a turning point, with discussions around relocating to Canada gaining unprecedented urgency. Our firm, which specializes in 2SLGBTQIA+ immigration, has experienced an extraordinary increase in inquiries from trans and non-binary individuals, and this is a trend that shows no indication of slowing.

Prior to President Trump taking office in January 2025, our practice primarily assisted 2SLGBTQIA+ individuals from countries where same-sex relationships are criminalized such as Nigeria, Jamaica, and Pakistan, or where rights for 2SLGBTQIA+ people remain heavily restricted, including India, the Philippines, and China. Many of our clients have sought refugee protection in Canada on the basis of sexual orientation, gender identity, or gender expression due to a well-founded fear of persecution in their home countries.

Since President Trump’s election, however, we have begun receiving an increasing number of inquiries from trans and non-binary Americans seeking information about potential protection in Canada. As outlined below, there are significant legal and procedural barriers that Americans face when making a refugee claim in Canada.

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