The immigration team at Nuñez & Associates takes a humanitarian approach to everything we do and always strive for individual rights, empowered families and better lives. We’ll work hard for your LGBT immigration rights, too.
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At long last, the United States has legally opened her doors to the LGBT migrant community – but it still doesn’t make the system any less intimidating.
Complicated to the core, the U.S. immigration system is challenging to navigate even on it’s best days. With same-sex marriage and other LGBT immigration matters, there are some unique processes and issues to get through. One of our qualified LGBT lawyers can walk you through the system so that you can finally claim the respect, benefits and rights you deserve.
The following immigration benefits are now available to members of the LGBT community:
- Form I-130, Petition for Alien Relative
- Adjustment of status
- Consular processing
- K-1 fiancée visas
- K-2 marriage visas
Gay Marriage Immigration
On June 26, 2013, the U.S. Supreme Court struck down the Defense of Marriage Act, which finally opened the door to immigration benefits for same-sex couples. Now, gays and lesbians can be sponsored by their same-sex U.S. citizen partners for green cards and other benefits.
Our lawyers can help you apply for the following benefits:
- Family-sponsored visas, including fiancé visas
- Employment/Business visas, including same sex partners accompanying a spouse who holds an employment based visa
- Protection from removal proceedings
For a full list of immigration benefits now available to same-sex couples, contact our firm today.
Waivers for Undocumented / Unlawful LGBT Immigrants
If your spouse or fiancé has been in the US unlawfully, this presents a special challenge. Unlawful presence for more than 180 days triggers a 3-year ban on applying for reentry once you are removed or you leave voluntarily. If for more than one year, the ban is 10-years. You can petition for a waiver of inadmissibility or the I-601 waiver by demonstrating extreme hardship to the US citizen spouse if the foreign spouse is removed.
VAWA and Refugee or Asylum Status
The Violence Against Women Act or VAWA is also available for gay and lesbian spouses or children who are victims of domestic violence perpetrated by their US or permanent resident spouses. VAWA allows such victims to file on their own without family sponsorship provided they can show physical violence or sexual assault. The law also refers to extreme emotional abuse or threats of violence that can instill a profound fear of imminent physical violence if the victim does not agree or submit to control by the abuser.
Any LGBT individual can also petition for asylum or refugee status by showing proof of persecution. This refers to torture, harassment and violence, threats of violence or psychological injury or harm.
Your fear of persecution must be based upon:
- Membership in a social group, religion, nationality, ethnicity
- Political opinions
- Previous persecution
Consult an experienced immigration lawyer regarding any visa or waiver issues. Do not attempt to pursue certain immigration benefits without sound legal advice or representation as you can seriously jeopardize your benefits or those of your spouse and other loved ones.
As long-standing advocates of fair and equal justice, Nunez & Associates is dedicated to helping same-sex couples and members of the LGBT community claim their rights and enjoy the same privileges as everyone else.
We’ve studied the implications of these new laws and worked zealously ever since to ensure they’re fairly applied to every LGBT immigrant who walks through our doors.