Do I need an immigration lawyer to address immigration issues relating to the LGBT (lesbian/gay/bisexual/transgender) community? If you are considering filing an immigration petition for your LGBT spouse or are just generally in need of an immigration attorney, you should first do your diligence in researching the attorney’s credentials. There are several ways in which you can do this including confirming that he or she is licensed to practice law, and have positive reviews from former clients. Once you do this, you will need to assess at your consultation how comfortable you feel with your future attorney, and whether he or she takes the time to answer all of your questions. Immigration cases usually take from several months to years to complete. By the time your case gets approved, most likely your immigration attorney will know more about you and your spouse than most of your friends and closest relatives. Information that you need to feel comfortable discussing with your attorney includes past relationships, how much you make, and even in some cases your medical history. At our initial consultation, we will discuss your options, timeline, costs, and potential pitfalls. I truly believe that open and honest communication make for the most successful relationship you can have with your immigration attorney. Click here to watch a video testimonial to hear what my clients have to say about their experience with working with me.
Even if your case is as straight-forward as an arrow, most of my LGTB clients feel more at ease by having an immigration attorney taking care of their case. They also take advantage in having someone familiar with their case and the law at their immigration interview. Schedule your consultation today.
Can a gay couple get a green card? Same-sex marriages are no different under the law. If you are a lawful permanent resident or U.S. citizen you may file an immigration petition for your spouse to become a permanent resident of the United States. Learn more about Family Immigration Petitions. The way in which your spouse will get a green card will only depend on his or her immigration circumstances, and not on the fact that you are a same-sex couple. There are a few ways in which an individual can get a green card through marriage. Some people that are present in the U.S. can file a green card application without having to travel to their home country, while others will have to complete their immigration process by attending an interview at the U.S. consulate or embassy back home. Read more about Marriage Visa.
Is the immigration application process different for same-sex marriages? No, it is not. However, all marriage-based immigration applications are held to a high standard to avoid immigration fraud. What this means is that you will have to prove that your relationship is genuine, and that you did not get married to obtain an immigration benefit. In some occasions, gay couples who were in straight relationships in the past, fear being judged by this process or assume that they are going to get a denial. If this is your case, call us today for a consultation. This will be your opportunity to discuss your options, ask questions, and make sure that you are ready to move on with filing an immigration application.
Can I marry a LGBT or gay undocumented immigrant? After the United States Supreme Court decision of June 2015 recognizing same-sex marriage across our nation, you are able to marry your gay or lesbian (LGTB) partner in any state. There is no such restriction to marriage based on an individual’s immigration status. Now, you may be asking yourself, can I file an immigration petition for my future spouse in this scenario? Will he or she ever be able to have legal status in the U.S? The answer is it depends. I will tell you that if your future spouse entered the U.S. without a visa, but has no criminal record or multiple immigration violations, most likely he or she will be able to get legal status through a marriage-based immigration process. This will involve filing an immigration waiver. To learn more about immigration waivers click here. If this is your case, know that it will take some time for your spouse to get a green card. But do not be discouraged, at your initial consultation, I will discuss with you in detail the steps we will have to take, costs, timeline, potential pitfalls, and likelihood of success based on your particular circumstances. Having a trusted immigration attorney by your side will ease this intimidating process, call us today.