Los Angeles LGBTQ Immigration Attorney
At Path to Immigration we pride ourselves in representing the LGBTQ community. Since the 2013 US Supreme Court’s landmark decision in United States v. Windsor, validating human rights immigration benefits have been available for same-sex marriage couples. Legally, same-sex married couples now are entitled to the same rights and benefits as heterosexual couples regarding immigration applications. Accordingly, the United States Citizenship and Immigration Service (USCIS) is to treat such applications the same. Unfortunately, same sex couples still may face a somewhat more complicated immigration process than heterosexual couples.
LGBT Immigration Lawyer
Some of the issues for same-sex couples this office has handled includes:
- prior opposite-sex marriages
- no contact with in-laws
- other cultural issues, that may make evidence of a bona-fide relationship difficult.
SAME-SEX MARRIAGE-BASED GREEN CARDS AND VISA PETITIONS
A U.S. citizen or legal permanent resident has a right to a family petition to sponsor his or her foreign-born spouse. To get a green card based on a sex-same marriage, you must be legally married, either in the U.S. or abroad. And you must be able to demonstrate that the legal marriage is based on a genuine, bona fide relationship.
K-1 FIANCE VISA FOR SAME-SEX ENGAGED COUPLES
If you are a gay or lesbian U.S. citizen and are engaged to be married to someone of the same sex, then you are eligible to file a fiance(e) petition. The holder of a K-1 fiance(e) petition may enter the U.S. for the purposes of getting married within 90 days of entering. On the basis of the marriage, the foreign national may then file for a green card through a process called adjustment of status.
We will be happy to discuss your situation and determine the best way to meet your needs. We understand the challenges that you may be facing, and we are equipped to provide the guidance you need at every stage of the immigration process. Use this link to schedule a free consultation.
Posted by Lena
March 6, 2021 on Avvo.