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Can I Sponsor My Same-Sex Partner for a Green Card?

Can I Sponsor My Same-Sex Partner for a Green Card?

At Musa-Obregon Law PC, our New York immigration lawyers are proud to serve the legal needs of those interested in LGBT immigration. Many of our clients have questions about immigration benefits for same-sex couples, specifically whether a United States citizen or lawful permanent resident (LPR) will be able to sponsor their same-sex partner for a green card. Thanks to the landmark Supreme Court decision in United States v. Windsor, the answer is yes.

Gay Immigration to New York City

United States v. Windsor overturned the Defense of Marriage Act, which means that same-sex couples are now afforded the same benefits and rights as heterosexual couples, including access to immigration benefits including visas and green cards. As with opposite-sex couples, a member of a same-sex couple can sponsor his or her legal spouse for a green card by filing an I-130 visa petition.

Fiancé Visas for Engaged Same-Sex Couples

Not married? Same-sex couples who are engaged to be married can apply for a K-1 Fiancé(e) Visa by filling out form I-129F. The holder of the petition will be allowed to enter the U.S. with the purpose of getting married within 90 days, after which they may apply for a green card through adjustment of status.

Asylum & Gay Marriage

If you are a member of a same-sex couple and have been granted asylum or refugee status, you may be able to bring your partner to the United States by filing an I-730 asylee relative petition. Visit the USCIS website for more information on this option and how to file.

LGBT Immigration Lawyers with 100+ Years of Experience

Musa-Obregon Law PC is proud to put decades of legal experience to work to help gay, lesbian, and transgender immigrants and their families reach their immigration goals. If you have further questions about same-sex immigration, we encourage you to contact our firm to schedule a consultation with a New York City immigration attorney. We can be reached at (888) 502-8461.


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