Allegheny Immigration Group Lawyers have represented LGBTQ Immigrants for years. We understand the special challenges and concerns that LGBTQ status presents in the context of immigration benefits for same sex couples and LGBTQ applicants for asylum.
Even after all of these years, the subject of the availability of immigration benefits for people in same-sex marriages is still something we get a lot of inquiries about. The short answer is that, with extremely limited exceptions, same-sex partners married or engaged to U.S. Citizens are entitled to all of the same benefits that opposite sex partners are.
Fiancee Visas for Same Sex Partner
As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage.
Green Card for Same Sex Spouse
As long as same sex marriage is legal in the place where the marriage was celebrated the marriage is legally valid for immigration purposes. USCIS applies local laws of the jurisdiction that recognized the marriage to determine the validity of an opposite-sex marriage, USCIS will apply local laws of the jurisdiction that recognized the marriage to determine the validity of a same-sex marriage.
Naturalization / Citizenship Based on Same Sex Marriage
Naturalization is the process of becoming a U.S. Citizen. An applicant for naturalization must normally reside in the U,S, for five years following admission as a lawful permanent resident. But, according to the immigration laws, naturalization is available after a required residence period of three years, if during that three year period you have been living in “marital union” with a U.S. citizen “spouse” and your spouse has been a United States citizen. For this purpose, same-sex marriages are treated exactly the same as opposite-sex marriages.
Asylum Claims Based on Persecution of LGBTQ People
LGBTQ people face pernicious and sometimes violent persecution in various parts of the world. Whether you left one of these places to avoid persecution on account of your LGBTQ status or can no longer return because you will be persecuted for your status, U.S. Asylum Law recognizes LGBTQ persecution as a legitimate basis for a claim of asylum.