What Immigration Benefits Are LGBTQ Couples Entitled To?

Wisconsin Criminal Law Blog

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Family-Based Immigrant Visas for LGBTQ Couples

If you or your spouse is a lawful permanent resident or U.S. citizen, sponsorship for a family-based immigrant visa is possible. The citizen or lawful permanent resident can petition U.S. Citizenship and Immigration Services for the visa. USCIS can’t deny you because you are of the same sex. Instead, the agency must consider your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant.

Fiancé Visas for LGBTQ Couples

If one spouse is a lawful permanent resident or U.S. citizen, he or she can file a fiancé petition for the other. The fiancé must meet all immigration requirements, and USCIS can’t deny the petition because you’re part of a same-sex couple.

What if Your Previously Submitted Petition Was Denied?

If you submitted a petition that was denied only because of the Defense of Marriage Act, which has since been ruled unconstitutional, you can ask USCIS to reopen your petition. The agency will consider information you previously submitted and new information that you submit now.

Other Immigration Benefits Due to LGBTQ Marriage

All of the immigration benefits that hinge on being married or having a spouse are available to same-sex couples. That’s true whether the benefit involves employment, asylum, or refugee status.
If the program that you’re seeking admission under requires the term “child,” “son or daughter,” “parent,” or “brother or sister,” same-sex marriage is treated the same way opposite-sex marriage is. 

Do You Need to Talk to an Attorney About LGBTQ Marriage-Related Immigration Benefits?

If you have questions about marriage-related or fiancé-related immigration benefits, we can help. Call us at 414-383-6700 (Milwaukee) or 262-650-3700 (Waukesha) to talk to an immigration attorney who understands LGBTQ immigration issues today.

Carlos Gamino

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LGBTQ Immigration Benefits - Carlos Gamino
By Carlos Gamino

If you and your spouse are a legally married LGBTQ couple, you are entitled to all the same immigration benefits that opposite-sex couples are entitled to – and that means you can file for a family-based immigrant visa, or a fiancé visa based on your relationship. Many people choose to work with a Milwaukee immigration attorney who understands the visa application process and how immigration laws affect LGBTQ couples.

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