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Immigration for LGBTQ Couples
Immigration Rights and Considerations for LGBTQ Immigrants
LGBTQ immigrants have the same rights under U.S. immigration law as all other non-citizens, though they may face unique challenges in certain areas. One key consideration is immigration status through a same-sex spouse. With same-sex marriage now legal nationwide, U.S. citizens and legal permanent residents (green card holders) can petition for their foreign-born same-sex spouses to obtain immigration status, including visas as K-1 fiancé visa or green cards. Even some visa holders can apply for visas for their same-sex spouses.
How to Prepare for Immigration Through a Same-Sex Spouse
If you have a same-sex partner or spouse who is a U.S. citizen, green card holder, or visa holder, it’s essential to take the following steps to prepare:
- Get an immigration screening by a qualified legal services provider to understand all potential immigration options and risks.
- Be cautious of fraud from unqualified legal service providers (such as notarios).
- Know your rights if you or your spouse/partner come into contact with immigration authorities.
Special Immigration Protections for Victims of Crime, Trafficking, and Domestic Violence
U.S. immigration law includes special protections for immigrant victims of crime. U Visas are available for victims of certain crimes, T Visas are for victims of human trafficking (including sex trafficking and forced labor), and the Violence Against Women Act (VAWA) provides protections for victims of domestic violence. These options offer protection from deportation, the ability to work legally, and the chance to apply for a green card.
If you have been a victim of harm or serious crime, you have the right to protection from law enforcement and the ability to help in the investigation or prosecution of the crime. It’s important to seek assistance from a qualified legal service provider, as there may be immigration benefits available to you.
Asylum for Those Fleeing Persecution
Protections for individuals fleeing persecution—such as abuse, threats, or other serious harm—are based on federal law and international treaties.
Asylum claims based on sexual orientation and gender identity, particularly for those from countries where LGBTQ individuals face abuse or lack legal protections, have been successful.
If you have fled persecution or fear persecution upon returning to your home country and have not yet applied for asylum, it’s important to consult with a qualified legal service provider. Generally, asylum applications must be filed within one year of arrival in the U.S., though there are some exceptions.