On June 26, 2015, the U.S. Supreme Court legalized same-sex marriages nationwide. Legally, same-sex couples are treated in the same manner as heterosexual couples when it comes to the immigration process in the United States.
This being said, there are unique challenges that same-sex couples may need to overcome to have a successful case.
Fortunately, our office has successfully helped numerous same-sex couples with obtaining lawful immigration status inside of the U.S. or obtaining a visa at a U.S. consulate or embassy abroad.
If you are in a discrete relationship due to your sexual orientation, we strongly encourage the couple to retain an experienced immigration attorney to help collect sufficient evidence to prove that the marriage is real and legitimate. Experienced immigration attorneys will know what types of evidence that a USCIS adjudications officer will use to determine if a marriage is legitimate.
Below are some “red flags” that immigration officers may be trained to look for when determining if same-sex relationships are legitimate.
- Does the couple hold themselves as “married” on their social media accounts?
- Does the couple hold themselves out as “married” to their friends, family, and coworkers?
- Has one of the parties been married to a member of the opposite sex in the past?
- Does one of the parties have children from a prior relationship?
In addition to the aforementioned red flags, USCIS adjudication officers and consular officers are human. This means that they may have their personal biases on what constitutes a valid marriage – and this may impact your case. If you are handling your case without an experienced attorney, you may run into problems if:
- The closest Immigration Field Office (immigration office), where you and your spouse will be interviewed, in an area that is known to be socially conservative; or
- The closest U.S. consulate or embassy, where your fiancée or spouse will be interviewed, in an area that is known to be socially conservative
If you are concerned about your same-sex relationship, it is imperative that you retain an experienced immigration attorney to assist you with your case. Immigration attorneys are allowed to practice nationwide. This means that if you are in an area that does not have qualified immigration attorneys, you can hire an immigration attorney in a different state.
For more information on Will being gay, lesbian, bisexual, or transsexual (member of the LGBT/GLBT community) impact my immigration case, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas.
Common Questions We Can Help You With
- Will being gay, lesbian, bisexual, or transgender affect my immigration case?
- Does USCIS recognize same‑sex marriages for immigration purposes?
- Can LGBT couples apply for marriage‑based Green Cards?
- How does the Supreme Court’s recognition of same‑sex marriage impact immigration?
- Are LGBT asylum claims recognized in U.S. immigration law?
- What evidence is required for LGBT asylum cases?
- Can transgender individuals update their gender marker in immigration documents?
- Does sexual orientation or gender identity affect eligibility for a visa or Green Card?
- How does USCIS evaluate LGBT marriage petitions compared to heterosexual marriages?
- Can LGBT immigrants face discrimination in the immigration process?
- What protections exist for LGBT immigrants under U.S. law?
- Can LGBT immigrants apply for humanitarian relief (VAWA, asylum, U visas)?
- How does divorce affect LGBT marriage‑based immigration cases?
- Are LGBT immigrants eligible for family‑based petitions?
- Can LGBT immigrants serve as sponsors for relatives?
- What role does cultural stigma play in LGBT immigration cases?
- How do consulates abroad handle LGBT marriage petitions?
- Can LGBT immigrants travel freely while their case is pending?
- What are common challenges LGBT immigrants face in proving bona fide relationships?
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(281) 777-1236