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New York City & Queens LGBTQIA Immigration Attorneys

When it comes to immigration, LGBTQIA people face unique challenges. In their home countries, there may be difficulties that make their relationships legally invalid. In the U.S., same-sex marriage was officially sanctioned by the Supreme Court in 2015. This allows immigration to use many of the same rules and standards for all couples, regardless of sex or orientation.

If you are a member of the LGBTQIA community and need help immigrating, you can trust Musa-Obregon Law PC to help. Whether you are trying to gain citizenship for your partner or you are seeking asylum from an intolerant country, we can help.

Our firm understands the unique challenges faced by LGBTQIA immigrants. If you need immigration services in New York City or Queens, call us today at (888) 502-8461.

Greed Card Status for LGBTQIA Marriages

If you are a naturalized, U.S. citizen, you may be able to obtain a green card for your spouse. Naturalized citizens have a more direct path for their spouses, and our firm can help. If you are a permanent resident, meaning you are a green card holder, we may be able to help put gain naturalized citizenship. This can help you acquire permanent residence for your spouse more easily.

If you are a permanent resident, you may still help your spouse apply for a green card. The process, however, is much longer and more complicated. Our team is here to help walk you through these complicated steps. We know the extra hurdles you must jump to make your spouse’s dream a reality, and we will be there to help you through it all.

Fiancé Visas

If you are engaged to someone outside the country, you may be able to bring them over via a fiancé visa. Your gender and orientation are irrelevant in this situation, and you are afforded the same fiancé rights as any other couple. Our firm is on your side. If you face any resistance based on your orientation or gender identity, we will fight hard against such biases.

To bring your fiancé over, you must meet certain qualifications. You must have seen one another within the last two years. Your marriage must take place within 90 days of your fiancé’s arrival, barring unforeseen circumstances. Also, your fiancé must be otherwise admissible to the states, having no other legal blocks against them.

Currently, visas are not available to the fiancés of permanent residents, or green card holders. Our team may be able to help you gain naturalized citizenship, bypassing this problem.

LGBTQIA Immigrant Asylum

Unfortunately, the rest of the world still hasn’t caught up to the States, and many places overtly persecute members of the LGBTQIA community.

Anyone with a reasonable fear of staying in their home country may be eligible for asylum in the States. Asylum is available to people who are persecuted for their politics, religion, race, nationality, or membership in a social group. For legal purposes, an LGBTQIA individual would use a social group claim when seeking asylum.

Asylum seekers must suffer abuse, or be afraid of suffering abuse, in their home countries. The abuse must be the direct result of their connection to their group. Those who need asylum must provide proof of their claims. This could come from a few sources. The annual United States Department of State Country Report outlines the current status of certain groups within a country, based on the Department’s research. If this report is unavailable, people in need of asylum can produce local news reports revealing crimes against their group.

If you are seeking asylum due to homosexuality, you must “prove” your orientation. If you’ve actively lived a gay or lesbian lifestyle, proof should be easy. You can simply provide evidence of your current or past relationships with same-sex partners.

For some, this evidence may not be as easy to produce. For fear of retribution, many have hidden in the closet, believing they aren’t free to express their truth. If this applies to you, you need other methods to prove your orientation. A close friend or relative could act as a witness, confirming your story. You may also be able to use evidence of your active involvement in the LGBTQIA community of your home country.

Transgender, nonbinary, gender fluid, and other such individuals face a similar situation. They must also “prove” their claims of gender identity. This could be achieved in a few ways. You can use medical records to show that you’ve begun transitioning. If you haven’t actively started medical treatment, but you intend to, your medical professional can vouch for this claim. When you haven’t begun transitioning yet and have no medical backup, you may be able to rely on the witness testimony of close friends and family who corroborate your claims.

If all of the above seems complicated, it is. Allow our firm to get involved. We can help you collect the evidence you need. We can work to show the legitimate threat you face in your home country, and we can help collect the evidence needed to prove that you require sanctuary in the States.

The immigration process is complicated and confusing. Don’t face it alone. If you or a loved one needs help with LGBTQIA immigration services in New York City & Queens, contact our lawyers today. You can reach us online, on Facebook, or Instagram @MusaObregon or call us at (888) 502-8461.

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