The edited text of the US Department of State’s first ever LGBT Travel Advisory is below.
Some countries provide legal protections to LGBT individuals. But, others do not, and a significant number even criminalize consensual same-sex sexual relations. Individuals convicted in these countries could be sentenced to prison, and/or be punished by fines, deportation, flogging, or even sentenced to death. Before choosing an international destination, LGBT travelers should carefully consider the laws and biases of their international destination and decide how open one can be regarding one’s sexual orientation or gender identity. Personal judgment and knowledge of local laws and customs before one goes will help ensure your safety.
By fighting for the rights of so many others, we realize that “gay rights are human rights, and human rights are gay rights.” Secretary Clinton – December 6, 2011
Attitudes and tolerance toward lesbian, gay, bisexual, and transgender (LGBT) individuals vary, just as they vary among US cities and states. Most LGBT travelers encounter no problems while overseas, but it helps to be prepared and research your destination before you go.
Consult our Country Specific Information and links available throughout this document for other helpful resources.
The Special Circumstances sections of some US Department of State Country Specific Information documents, which are available on the Bureau of Consular Affairs website, contain information about attitudes, harassment, or arrests relating to LGBT travelers. The annual Human Rights Report also includes a section specifically regarding sexual orientation and gender identity in each country.
Individuals should carry legal/ health documents to facilitate authorization for medical treatment or access in the event of a medical emergency while abroad. Parents should consider carrying documents regarding parentage and/or custody for accompanying minor children. Also, carry contact information for people in the US, both legal and familial, and share your travel itinerary with someone in the US. Program the contact information for the US embassy or consulate in the countries you’re visiting into your phone. Check with that country’s embassy or consulate in the US to learn about any special documentation requirements.
See Passport Services’ change of name documentation requirements on Travel.State.Gov, the Bureau of Consular Affairs’ website.
See Passport Services’ identification requirements for gender reassignments on Travel.State.Gov, the Bureau of Consular Affairs’ website.
The DoS publishes Country Specific Information for every country on Travel.State.Gov, the Bureau of Consular Affairs’ website. HIV/AIDS entry restrictions, or lack of restrictions are included in the section entitled “Entry/Exit Requirements for US Citizens.” In some instances, the Country Specific Information refers travelers to that country’s embassy or consulate for additional information.
The Smart Traveler Enrollment Program (STEP) is a free service provided by the US government to US citizens traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the DoS can provide you with current Travel Warnings, Alerts, and Country Specific Information. STEP also allows US citizens abroad to get emergency and security messages from the nearest US embassy or consulate. Most importantly, the embassy or consulate will be able to locate and assist you in an emergency. When enrolling in STEP, be sure to include an email address or phone number where you can be reached while traveling.
The American Citizens Services (ACS) Section of a US embassy or consulate may be able to help you if you have problems overseas, especially if you feel that you can’t approach the local police or encounter difficulties with local authorities. Consular officers will protect your privacy, and they will not make generalizations, assumptions, or pass judgment.
Our consular officers monitor and record incidents US citizens report to them about the treatment they receive from host authorities. Our embassies regularly raise issues of concern, especially inappropriate treatment or harassment of our citizens, with relevant officials.
Under the Defense of Marriage Act (DOMA), a US federal law enacted on September 21, 1996, the federal government defines marriage as a legal union between one man and one woman. As a result of the provisions of DOMA, same-sex partners cannot be issued immigrant visas for legal permanent residency based on marriage.
Check with that country’s embassy or consulate in the US to learn about any special documentation requirements (such as work authorization or a residence visa). You can also find foreign embassy and consulate contact information in the Country Specific Information for each country.
You can apply for a B-2 visitor visa to accompany your spouse/partner. The B-2 visa classification is appropriate for members of the household of another foreign national in long-term nonimmigrant status who are not eligible for derivative status under that foreign national’s visa classification. A B-2 visa would also be appropriate for a foreign national who is accompanying a US citizen partner for a limited stay in the US. To qualify, you must demonstrate that you don’t intend to immigrate to the United States, that you intend to maintain a residence outside the United States, and that you meet other visitor visa eligibility requirements. If you receive a B-2 visa, it allows you to apply for entry at a US port of entry. US Customs and Border Protection (CBP) officials at the US port of entry decide whether to admit you and determine the length of time you are authorized to remain in the US.