What is it?
Many LGBTIQ+ people arrive in Costa Rica without knowing exactly what their rights are, what procedures they can start or how to legally protect themselves. Not because they don't care, but because no one has explained it to them yet.
The Legal Advisory of IRCA CASABIERTA exists to change that. We support migrants, asylum seekers, and LGBTIQ+ refugees in their migration processes with free, clear, and specialized legal guidance; from the first consultation to the follow-up of each procedure.
Here we don't start with forms, we start with a conversation because every story is different and every immigration situation has its own particularities.
The legal path that belongs to you is built from listening, not from procedures.
What we can do and what we can't
Guidance and support in migration processes, asylum applications, and human rights.
We Do
- Free legal guidance and advice on immigration processes.
- Support in applying for refugee status before the DGME.
- Clear explanation of the available migration categories and which one applies to your case.
- Guidance on human rights, labor rights, and immigration rights in Costa Rica.
- Tracking ongoing migration processes.
- Preparation for appointments at the General Directorate of Migration and Foreign Affairs (DGME).
- Guidance on naturalization processes and the restoration of rights.
- Referral and coordination with other legal organizations when the case requires it.
- Support in situations of rights violations before state institutions.
We Don't Do
- Judicial representation or appearance in criminal proceedings.
- No notary procedures of any kind.
- Direct management of appointments with the DGME (except for specific cases related to health issues).
- Guarantee results in refugee or regularization procedures — the processes depend on the DGME.
- Legal representation in the naturalization process.
- Management of return to the country of origin.
- Tourist visa or permanent residency paperwork for work.
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About waiting times in Immigration
Appointments for asylum applications with the DGME depend on the availability of the regulatory body, and current waiting times are long. This information is shared honestly because transparency about the actual timelines builds more trust than any promise. The legal team guides you on how to protect your rights while waiting.
What are your rights?
Right of no return
No asylum seeker can be deported or sent back to their home country while their case is ongoing, if there is a real risk to their life, freedom, or safety.
This principle is recognized in Costa Rican law and in international refugee law.
Right to work while your asylum application is being processed
People who have started their asylum application with the DGME have the right to get a work permit while the process is ongoing.
You don't have to wait for your asylum to be approved to work officially.
Right to free movement
People seeking asylum have the right to move freely within Costa Rican territory.
Having a pending immigration process doesn't stop you from moving around freely in the country or accessing public services.
What is the legal advice process like?
The legal process doesn’t follow a set script, it follows its own story. Here’s what you can expect:
Initial interview
A Legal Advisory person listens to you carefully: how long you’ve been in Costa Rica, how you entered, why you left your country, whether you face risks if you return, among other things.
In that conversation, we looked at which immigration category applies and what the next step is.
Guidance on the legal route
The team clearly explains what options are available for your situation, what the requirements are, what documents you need, and how long the procedures might take (including the actual waiting times at the DGME).
Support with the procedure
Legal Advice accompanies you in preparing your documents, guides you on what to bring to each appointment, and follows up on your process.
If your situation requires coordination with Social Oversight for in-person support at institutions, that route is activated.
Tracking and updating
Migration processes can take months or years.
Legal advice regularly follows up on your case and provides you with timely information about any changes in your situation or in the applicable procedures
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First legal consultation time: 10 to 15 business days
The demand for the service is high because we have specialized equipment. This waiting time is real, we communicate it honestly because transparency is part of our commitment to you.
Access requirements
To access Legal Advice you need:
To access Legal Advice you need: - Being an LGBTIQ+ person in a situation of migration, forced displacement, or seeking refuge in Costa Rica.
- Tener 18 años o más.
- Give informed consent for the handling of your information.
- Tener un medio de contacto: WhatsApp u otro canal digital.
- Having been through Social Work before (for people who are coming to IRCA CASABIERTA for the first time).
Not required:
Not required: - Previous immigration documents for the first contact.
- To have your situation already clear or defined.
Impact story
I crossed the border at Peñas Blancas almost four years ago. I left behind a teaching career, a degree that took me years of work, and a position I was about to get in the government. I lost everything because I had a relationship with a colleague. When it ended, he used all the power he had to destroy me. He forced me to resign, blocked my job opportunities, created fake profiles with my name, and outed me. In that country, with that level of exposure, staying was a real risk.
Today I have an ongoing immigration process. I work honestly at a car wash, I’ve been rebuilding my life step by step, but no longer from fear, rather from the certainty that I have rights and an organization that supports me to defend them.
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Story built from a real case.
Protected identification data.
Frequently Asked Questions
About the asylum
What is the shelter and who can apply for it? |
Refuge is a form of international protection for people who can't go back to their country because they face persecution, serious violence, or threats to their life, freedom, or safety; this includes persecution based on sexual orientation or gender identity. In Costa Rica, the application is handled by the General Directorate of Migration and Foreign Affairs (DGME). The legal team at IRCA CASABIERTA checks if your situation qualifies and helps you through the process. |
How long does the shelter process take? |
The process has two stages with significant times: the first appointment to start the application has a wait dependent on the regulatory agency. Then, once the process has started, there is an additional period for the eligibility interview. These times are real and lasting, and we share this honestly. Throughout the entire wait, the legal team guides you on how to protect your rights and access services. |
What is dactyloscopy and why are they asking me for it? |
Fingerprinting is the recording of fingerprints that the DGME requests as part of the refugee application process. It’s a mandatory procedure and is part of the standard identification process for applicants. The legal team explains how to do it and what to expect at that appointment. |
What happens if my asylum application gets rejected? |
If your asylum request is rejected, there is an appeal process with the same DGME and, afterwards, the judicial route. The legal team guides you on the available options, the deadlines to appeal, and what arguments can be presented. A first-instance rejection does not permanently close the process. |
Am I at risk of getting deported if I apply for asylum? |
No. The principle of non-refoulement protects LGBTIQ+ people seeking asylum: they can't be deported or sent back to their country while their process is ongoing and there is a real risk to their safety. This principle is recognized in Costa Rican and international law. |
About rights and migration processes
| Can I work while I'm applying for asylum? |
| Yes. LGBTIQ+ people who have started their asylum application have the right to get a work permit while the process is ongoing. You don’t have to wait for the final decision to work officially. The legal team can guide you on how to handle this permit with the DGME. |
| Can I access the CCSS if I don't have my documents in order? |
| LGBTIQ+ people seeking asylum have access to health services in case of emergencies. However, they won’t have access to other services without a valid ID issued by the Costa Rican government or a passport from their home country. The legal team guides them on how to activate their rights. |
| Can I get my degrees recognized if I'm an asylum seeker? |
| Yes. LGBTIQ+ people seeking asylum and refugees can have their academic degrees recognized by the Ministry of Public Education (MEP). The process has specific requirements, and the legal team guides you on the steps to follow and which documents to handle from your home country if possible. |
| Can I become a citizen in Costa Rica? |
| Costa Rican naturalization requires having legally resided in the country for a minimum period, which varies depending on the migration category. The legal team can guide you on the general requirements, although handling the naturalization process is beyond the scope of the IRCA CASABIERTA service. |
| What do I do if a special immigration category was denied? |
| A denial in one immigration category doesn't close all doors. The legal team looks at your case: whether you qualify for another category, if there's a basis to appeal the denial, or if there are other regularization routes available based on your specific situation. |
About specific situations
Can IRCA CASABIERTA represent me in a lawsuit? |
No. The Legal Advisory service of IRCA CASABIERTA is guidance and support in immigration processes, not legal representation or appearance in criminal proceedings. If your situation requires legal representation in court, the team will refer you to partner organizations that provide that service. |
Can you move up an appointment for me at Immigration? |
No. IRCA CASABIERTA doesn’t have the ability to schedule or move up appointments with the DGME. Appointments are set directly by the institution, and current wait times are long. What we do do is help you get ready for each appointment: what documents to bring, what to expect, and how to protect your rights during the process. |
What happens if I have a criminal record in my country? |
Criminal records in your home country don't necessarily prevent you from applying for asylum. The legal team evaluates each situation individually. What's important is to share all the information during the interview so the team can guide you accurately about your case. |
Do you have any services for people under 18? |
The Legal Advisory service of IRCA CASABIERTA is aimed at people over 18 years old. If you are underage and need guidance, the team can refer you to organizations specializing in the protection of migrant children and adolescents. |
Legal advice works with the whole house
A migration situation can cause emotional stress, make it harder to access healthcare, or block job opportunities. Legal advice works closely with the other areas of IRCA CASABIERTA.
Do you need legal guidance?
We know the way and we go through it with you.
