Ask A Lawyer :: What Options Do Same-Sex Couples Have in Immigration

For many decades, members of the LGBTQ community were unable to acquire the same benefits as immigrants in heterosexual relationships. The government simply did not recognize same-sex relationships as valid. This prevented hundreds of thousands of couples and individuals from obtaining legal status in the United States. However, since the overturn of the 1996 Defense of Marriage Act (DOMA), same-sex couples are now entitled to federal immigration benefits. Coupled with the legalization of same-sex marriage in all 50 states, many immigrants are left wondering what kinds of options are available to them. EDGE Media has teamed up with Immigration Attorney Julia Thome to get the details:

1) How does the Supreme Court's June 2015 ruling affect immigration options for same-sex couples?

After the decision that was rendered on June 26, 2015, same-sex couples can legally marry in any state in the U.S. Once legal marriage has occurred, the immigrant partner would then be able to request the same immigration benefits that are extended to heterosexual couples, providing they meet the eligibility requirements. According to law, USCIS (United States Citizenship and Immigration Services) cannot treat a same-sex case differently from a heterosexual case; both couples are entitled to exactly the same benefits.

2) What kinds of options do same-sex couples have in immigration?

Same-sex couples have many options under the family-sponsored visa category such as: K-1 Fianc� visas, I-130 Family Petitions, Adjustment of Status to obtain a Green Card, Immigrant Visas through their home consulate, and Waivers based on a qualifying U.S. Citizen or Legal Permanent Resident Spouse. Same-sex couples may also seek protection against deportation in removal proceedings by applying for: Cancellation of Removal, Adjustment of Status in proceedings, I-212(h) Criminal Waiver, and Asylum. Additionally, same-sex spouses may now accompany their partners who obtain employment-based visas such as an: H-1B Specialty Occupation visa, L-1 Intracompany Transfer visa, E-2 Treaty Trader or Investor visa, R-1 Religious visa, or Green Card Benefits for EB-5 investors.

3) What do couples need to know before starting the immigration process?

At the very least, it is important to seek advice from an attorney. Immigration law is very complex. Even if you decide not to hire one, it is best to obtain information from a qualified professional. A notary public is not a licensed attorney and may not have all the correct information to offer. This could seriously affect the outcome of a case. Additionally, if hiring an attorney, it is very important to select one that feels comfortable, and that is passionate about protecting the rights of immigrants within the LGBTQ community.

Attorney Julia Thome is the Supervising Attorney for ImmigrateFast.com, the immigration division at Higbee & Associates, a national law firm. Mrs. Thome is always eager to help members of the LGBTQ community. Call (855) 519-3970 to discuss your eligibility today!