Most people who live in the U.S. will often look into bringing foreign family members to the country to live with them. Lawful permanent residents and United States citizens can help foreign-born spouses or fiancé(e)s immigrate to the US. However, LGBTQ couples may wonder how the immigration laws apply to them and the steps they should take during the immigration process. By working with a skilled NYC LGBTQ Immigration lawyer who is experienced in these types of immigration matters, same-sex couples can ensure can live together in the United States and address any legal issues that may affect them or their families.
The immigration attorneys at the Law Office of Jason A. Dennis are highly experienced in many immigration issues, including asylum claims. Our immigration law firm has helped many same-sex couples apply for green cards and family-based immigration visas. With our extensive understanding of immigration laws, we can ensure you complete all of the necessary requirements, and we will help you address any legal matter that could affect your ability to immigrate to the U.S.
If you are a lesbian, gay, or transsexual person and would like to live with your spouse in the United States, contact our law office today at 516-494-7373 for legal advice. Our immigration team will review the legal options available to you and your spouse or partner and will assist you in getting a proper immigration status to live with your loved one in the U.S. Our skilled New York City same-sex immigration attorneys will also make sure that loved ones can apply for a visa in a safe consulate to avoid being in danger because of being in a same-sex relationship.
Fiancé(e) Visas for Same-Sex Couples
A United States citizen who wants to get married to a same-sex partner who lives in another country can apply for a K nonimmigrant visa. The same rules and regulations apply for same-sex couples as for heterosexual couples, and once your foreign fiancé(e) enters the U.S., you and your fiance will have 90 days to get married.
After being married legally, a same-sex spouse or partner can apply for adjustment of status, and they'll get a conditional Green Card that's valid for two years. Within 90 days before their conditional Green Card expires they must apply for removal of the conditions on permanent residence, ensuring that they can remain in the United States without the fear of deportation.
Steps to Bring Your Same-Sex Spouse to the U.S.
The U.S. Citizenship and Immigration Services (USCIS) reports that there are two primary factors that determine eligibility when bringing your foreign spouse into the United States. To sponsor a foreign national, you must either be a U.S citizen yourself or a Green Card holder. In either case, there are two requirements for filing depending on whether your spouse is currently outside or inside the U.S.
- United States citizen sponsors: If you're a United States citizen, there are two ways through which you can sponsor your foreign spouse for a Green Card. If your spouse is currently living in the United States, you must file Form I-130 and Form I-485. If your spouse is currently living outside of the United States, you'll need to file Form I-130 first and then wait for approval and processing of information.
- Green card holder sponsors: If you're currently a permanent resident of the U.S., there are two ways through which you may sponsor your foreign spouse for a Green Card. If your spouse is currently living in the United States--provided that their permanent residency is through lawful admission--you'll need to file a Form I-130. However, you can take the next step a visa number becomes available and adjust your immigration status to permanent residency through Form I-485. If your spouse is currently living outside of the United States, you must file Form I-130 and wait for approval and processing of information.
What Kind of Mistreatment and Harm have LGBT Spouses Suistaned at the Hands of Their Persecutors?
For many of the immigration cases involving LGBT asylum seekers that our law firm has worked on, the mistreatment has been threats of violence or actual violence. In most countries that persecute LGBT persons, the Government often demonizes LGBTQ persons through legal means, bypassing laws against the existence of LGBT groups and establishments, making it illegal to advocate for LGBTQ rights, or even flat-out criminalizing being LGBTQ.
Were You Detained by the U.S. Immigration and Customs Services (ICE)?
Most LGBT immigrants are forced to escape their countries of birth to escape discrimination and violence, and they may face additional dangers once detained by ICE and other agencies.
The Center for American Progress reports that transgender women are:
- Often housed by men;
- Disproportionately detained in immigration centers;
- Disproportionately victims of sexual harassment and assault;
- Often put in solitary confinement
- Aren't provided life-saving medication
- Are less likely to win their asylum cases if they're detained
If you or your spouse has faced any of the conditions mentioned above, immediately contact a New York City LGBT immigration lawyer at The Law Office of Jason A. Dennis to take legal action.
Speak with an experienced LGBTQ Immigration Attorney today!
Our legal team is composed of skilled attorneys who aggressively advocate for citizenship and the rights of LGBT individuals. Contact our reputable New York City LGBTQ immigration attorneys to schedule a no-cost initial consultation to discuss your case. Our legal team can review your situation, answer your queries, and develop solid defense strategies.
Hire a Skilled New York City Gay or Lesbian Immigration Law Attorney Today for Legal Advice!
The Law Office of Jason A. Dennis has a professional network of independent same-sex immigration attorneys who have extensive experience in all types of U.S. immigration matters and laws. We offer top-notch legal services to the community at large but also cater to the special needs of the LGBTQ community because we are aware of the unique legal circumstances they encounter.
Our law firm serves the LGBT communities of New York City as well as the community at large throughout New York. Our New York attorneys are committed to achieving the best possible results for the clients we serve. Call our New York City law office today at 516-494-7373 to schedule a no-cost initial consultation with one of our skilled NYC immigration attorneys.