Gay marriage immigration

Gay and lesbian U.S. citizens and green card holders can therefore apply for a marriage-based green card for their foreign national spouses, and U.S. Citizenship and Immigration Service (USCIS) treats applications from same-sex couples the same as applications from heterosexual couples. Over the last several years, LGBTQ immigrant rights in the United States have changed significantly. A progressive cultural environment and several court cases have helped to equalize treatment of same-sex marriage in the U.S.

immigration system and protect the basic rights that many heterosexual couples take for granted. While the gay, lesbian, bisexual, and transgender communities continue. The United States policy regarding same-sex immigration denied couples in same-sex relationships the same rights and privileges afforded different-sex couples based on several court decisions and the Defense of Marriage Act (DOMA) until the U.S.

Supreme Court ruled Section 3 of DOMA unconstitutional in United States v. 1. Are same-sex couples eligible for the same immigration benefits as opposite-sex couples? Yes, same-sex couples are eligible for the same immigration benefits as opposite-sex couples. The U.S. Supreme Court’s ruling on Obergefell v. Hodges made same-sex marriage legal throughout the United States, and this means that same-sex spouses have the same rights to spousal immigration.

US immigration law recognizes same-sex marriages as equal to heterosexual marriages. In this guide, you will find the requirements for applying for a Green Card based on marriage, the documents required and all the details to consider. Call or. You might be wondering whether the United States government recognizes same-sex marriage for green cards and other immigration benefits.

Fortunately, it does. As with any other immigration case, you may benefit from talking to an Austin immigration attorney who can help you through the process, explain each step and answer your questions along the way. We have helped many people in the same situation as you. Contact us today for a consultation. Same-sex marriage is recognized as legal in every U.

That means you can use all family-based immigration petitions to sponsor your same-sex partner as a U. You, like all other couples, will be held to the same standards outlined in U. In contrast, a fraudulent marriage is one in which one party married the other simply to gain an immigration benefit. It's illegal to marry someone just to get an immigration benefit.

same-sex marriage in usa for foreigners

If USCIS believes that your marriage is not genuine, it will not approve your same-sex marriage green card petition. Related: The complete guide to renewing a green card in Texas. That documentation may include anything that any other married couple is likely to have, such as:. However, you can expect that to come up during your green card interview; the USCIS official in your case will most likely ask about any prior marriages either of you had same-sex or opposite-sex.

If you were married in another country that does not recognize same-sex marriage, you may need to re-marry your spouse in the United States. You may want to talk to an Austin immigration attorney to find out what steps you should take.

Related: How to get a U. Same-sex couples are entitled to all the other immigration benefits that opposite-sex couples are entitled to. Because the United States recognizes same-sex marriage at the federal level, it would be discriminatory if you were denied an immigration benefit that you otherwise qualified for based solely upon the reason that you and your spouse are the same sex. As long as the sponsor is a United States citizen, you can apply for a K-1 visa.

A green card is a card issued by U. A green card authorizes the person named on it to live and work anywhere in the U. Only people who are eligible for admission into the United States and have followed the appropriate channels can apply for lawful permanent residency. Citizenship and Immigration Services, which is part of the U.

Department of Homeland Security. It approves and denies green cards, work permits, travel permits and naturalization, as well as some other types of immigration benefits. Most green card applications are approved, but as many as 18 percent of them have been denied in recent years. If you receive an unfavorable immigration decision, such as the denial of a green card, you may be able to appeal your case or file a motion to have it reopened or reconsidered.

A lawful permanent resident is a person who legally resides in the United States without citizenship. LPRs are foreign nationals who are authorized to work or live anywhere in the U. Lawful permanent residents can eventually apply for U. A visa is an authorization from the United States government that allows a person to enter the U.