There are more options available under United States law to LGBTQ+ immigrants than ever before, but unfortunately you may still face additional complexities that other immigrants do not. Our firm is a strong ally of the LGBTQ+ community, and we have extensive experience representing immigrants in same-sex marriage green card cases, fiance visas, asylum claims due to persecution, and navigating the U.S. immigration system during or after transition.
The United States federal government in theory recognizes same-sex couples to have all of the same rights under immigration law that heterosexual couples do. Fortunately, this means that immigrants can obtain K-1 Fiance visas and green cards based on their marriages. We have represented many same-sex couples successfully and are happy to report that things are going fairly smoothly.
However, there are still issues face by same-sex couples that other couples do not face, such as limitations on their immigration options due to anti-LGBTQ+ laws in their home countries of origin that prevent them from marrying abroad or put them in danger when visiting their partner in the country of origin. In addition, U.S. immigration laws relating to the immigration status of non-biological children through reproductive technology is antiquated and in flux.
We're happy to discuss your personal circumstances and develop a customized strategy to accomplish your family's immigration goals.
Immigrants in Transition
Immigration forms aren't currently set up to efficiently handle situations in which an immigrant is either in the process of transitioning or has transitioned to another sex. We've developed some workarounds to accurately represent the situation to the U.S government throughout the immigration process to ensure complete accuracy on the application without confusing adjudicators and getting mired in additional bureaucracy.
LGBTQ+ Asylum Claims
It saddens us that many people around the world face extreme danger to their lives simply due to their LGBTQ identity. You deserve to live freely! If you're an immigrant currently inside of the United States and you fear returning to your home country due the persecution you face there, you may be eligible to apply for asylum protection in the United States. Our immigration laws make it significantly more difficult (but not impossible) to make a successful asylum claim if you wait more than one year after you enter the U.S. to file your case, so please schedule a consultation as soon as possible with us to discuss your options if this is something you're considering.