LGBT Rights and U.S. Immigration Law

Until a few years ago, there wasn't much to say about the rights of the LGBT community -- in particular, gay and lesbian persons -- under U.S. immigration law. However, that radically changed with the 2013 Supreme Court decision known as Windsor, overturning portions of the federal Defense of Marriage Act (DOMA) that defined marriage defined as only the legal union of a man and a woman. Then the 2015 Supreme Court decision in Obergefell mandated that same-sex marriage be permitted and recognized across the country. With these limitations removed from the federal legal landscape, gay and lesbian couples have essentially the same immigration rights as opposite-sex couples, whether they seek spouse-based visas, fiance visas, or derivative status on a spouse or parent's visa. Learn more here.