Same-Sex Couples

Caring LGBTQ+ Immigration Attorney – Advocating for Same-Sex Couples

At Path to Immigration, we are dedicated to advocating for the LGBTQ community. The pivotal 2013 US Supreme Court decision in United Obergefell v. Hodges, which made same-sex marriage green cards available. This landmark ruling ensures that legally, gay and lesbian couples are entitled to the same immigration benefits. Despite this, petitions for same-sex marriage green cards often encounter more complex challenges in the immigration process.

Schedule Your COnsultation Today

Same-Sex Marriage Green Card

As your Los Angeles LGBTQ immigration attorneys, we understand the unique obstacles that may arise for gay and lesbian couples, when filing a petition for a same-sex marriage green card, such as:

Previous Opposite-Sex Marriages: Navigating the legal documentation and proving the legitimacy of current relationships can be complicated.
Family Acceptance Issues: Lack of contact with in-laws and other cultural barriers can make it difficult to demonstrate a bona fide relationship.
Sensitive Cultural Concerns: Addressing specific issues that impact the LGBTQ community within the immigration context.

Immigration Services for Gay and Lesbian Couples

Our firm specializes in handling various immigration matters for the LGBTQ community, including:

Same-Sex Marriage Green Cards and Visa Petitions

If you are a U.S. citizen or legal permanent resident, you have the right to sponsor your foreign-born spouse through a family petition. To obtain a same-sex marriage green card, you must:

Be legally married, whether in the U.S. or abroad.
Demonstrate that your marriage is genuine and based on a bona fide relationship.

K-1 Fiancé Visa for Gay and Lesbian Engaged Couples

Gay or lesbian U.S. citizens engaged to a same-sex partner can file a fiancé(e) petition. The K-1 fiancé(e) visa allows your future spouse to enter the U.S. to marry within 90 days of arrival. Following the marriage, the foreign national can apply for a green card through an adjustment of status process.

Compassionate Legal Support for Gay and Lesbian Couples

The path to securing a same-sex marriage green card requires not only legal expertise but also an understanding of the emotional and cultural challenges involved. Our Los Angeles LGBTQ immigration lawyers pride themselves on their sensitivity and dedication to the rights and needs of gay and lesbian couples. Contact us today to start your journey across borders with trusted and compassionate support.

Ask Us a Question

Get the answers you need with a free online consultation with a professional asylum lawyer.

Schedule Your Consultation Today!

Can same-sex couples apply for immigration benefits in the United States?

Yes, same-sex couples are eligible to apply for various immigration benefits in the United States, including same-sex marriage green cards, fiancé visas (K-1 visas), and derivative benefits for spouses and children. The U.S. Supreme Court’s decision in Obergefell v. Hodges legalized same-sex marriage nationwide in 2015, granting same-sex couples the same rights and benefits as opposite-sex couples in the immigration context..

What if we were married outside of the United States?

Yes, same-sex couples who were legally married outside the United States are generally eligible to apply for a marriage-based green card as long as their marriage is legally recognized in the jurisdiction where it took place and meets the eligibility criteria established by U.S. immigration laws. It’s essential to consult with an experienced immigration attorney to navigate the application process effectively and ensure compliance with all requirements.

Can same-sex couples face any unique challenges or discrimination?

While significant progress has been made in recognizing the rights of same-sex couples in immigration law, challenges and discrimination may still arise, particularly in countries or regions where LGBTQ+ rights are not fully protected. Same-sex couples should be aware of potential hurdles such as additional scrutiny during the marriage green card process, legal barriers in certain jurisdictions, or discriminatory attitudes from immigration officials. Seeking guidance from an experienced immigration attorney can help navigate these challenges effectively.

Are same-sex couples eligible for immigration benefits if they are in a domestic partnership or civil union?

Immigration laws primarily recognize marriages as the basis for immigration benefits, but some states or countries offer domestic partnerships or civil unions as alternative legal relationships for same-sex couples. While these relationships may confer certain rights and benefits at the state or local level, they may not be sufficient for immigration purposes. However, same-sex couples in domestic partnerships or civil unions should explore other available immigration options and consult with an immigration attorney to determine their eligibility for immigration benefits.