Gay Immigration

02/12/2014

Q3: My spouse and I were married in a U.S. state or a foreign country that recognizes same-s*x marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse? NEW

A3: Yes. As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Just as USCIS applies all relevant laws to determine the validity of an opposite-s*x marriage, we will apply all relevant laws to determine the validity of a same-s*x marriage. The domicile state’s laws and policies on same-s*x marriages will not bear on whether USCIS will recognize a marriage as valid.

02/12/2014

Q2. I am a U.S. citizen who is engaged to be married to a foreign national of the same s*x. Can I file a fiancé or fiancée petition for him or her?

A2. Yes. You may file a Form I-129F. As long as all other immigration requirements are met, a same-s*x engagement may allow your fiancé to enter the United States for marriage.

02/12/2014

Q1: I am a U.S. citizen or lawful permanent resident in a same-s*x marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?

A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-s*x nature of your marriage.

http://www.uscis.gov/family/same-s*x-marriages

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-s*x legally married couples are implemented swiftly...

02/12/2014

11. Immigration Basics: Thorny Issues in LGBT/H Asylum Cases

Some asylum applications are relatively straightforward. The applicant is filing within one year of his last arrival in the United States, he has severe past persecution with documentation to corroborate the abuse, and he has never done anything wrong in the United States or in his native country. Cases such as this are relatively easy to work on, and with careful preparation have a strong chance of winning.

- See more at: http://immigrationequality.org/issues/law-library/lgbth-asylum-manual/thorny-issues/ .2Xih95Sy.dpuf

Some asylum applications are relatively straightforward. The applicant is filing within one year of his last arrival in the United States, he has severe past persecution with documentation to corroborate the abuse, and he has never done anything wrong in the United States or in his native country. C...