LGBTQ Rights and U.S. Immigration Law
Until a few years ago, there wasn't much to say about the rights of the LGBTQ 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.
Visas and Green Cards for LGBT Couples
Visas and Green Cards for LGBT Couples
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What Happens to My Conditional Green Card If I Divorce Same-Sex Spouse Within First Two Years?
If your green card is based on a same-sex marriage, but you divorce before removing the conditions on your residency, what happens?
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U.S. Immigration and Same-Sex Couples: Summary of Supreme Court Windsor Decision’s Impact
Green cards, nonimmigrant visas, and other opportunities for same-sex spouses after the downfall of DOMA.
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Did the DOMA Decision Come Too Late? How U.S. Law Treats Deported Same-Sex Spouses
Possibilities for remanding or reopening a removal case based on a same-sex marriage.
Frequently Asked Questions About LGBT Immigration Rights
Frequently Asked Questions About LGBT Immigration Rights
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How can my same-sex fiancé attend a K-1 visa interview when his country persecutes LGBT people?
Arranging for third-country processing of a K-1 fiance visa in a case where LGBT people face persecution in the home country.
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If I’m on an H-1B visa, can my same-sex spouse get a U.S. visa too?
Derivative nonimmigrant visas are now available to gay and lesbian married couples.
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If I marry my undocumented same-sex partner, can she get a U.S. green card?
Opportunities and complications when seeking U.S. residence or citizenship for a same-sex spouse who entered the U.S. illegally.
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Why can’t my same-sex partner come to the U.S. as a tourist, so we can marry and get a green card?
Watch out for accusations of visa fraud!
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Won the Diversity Visa Lottery: Can I Marry My Same-Sex Partner and Bring Her to the U.S.?
Yes, but don't wait too long to hold the wedding!
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We've Been Closeted: How Do We Prove to USCIS Our Same-Sex Marriage Is Bona Fide?
Creative strategies for documenting a real marital relationship.
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Can I Get a Same-Sex Marriage Green Card If I’m Divorced From an Opposite-Sex Spouse?
Proving that a prior heterosexual marriage represents past history.
Additional Resources
Additional Resources
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Fiance and Marriage Visas: A Couple's Guide to U.S. Immigration
All the guidance in this comprehensive volume, covering visa eligibility and application procedures, is now equally applicable to same-sex couples!
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