1. Are same-sex couples eligible for the same immigration benefits as opposite-sex couples?

Yes, same-sex couples are eligible for the same immigration benefits as opposite-sex couples. The U.S. Supreme Court’s 2015 ruling on Obergefell v. Hodges made same-sex marriage legal throughout the United States, and this means that same-sex spouses have the same rights to spousal immigration benefits as opposite-sex spouses. This includes the ability to sponsor their spouse for family-based green cards and visas.

2. What immigration options are available for same-sex couples?

Same-sex couples face unique immigration challenges, but there are immigration options available. US citizens can apply for a green card for a foreign-born partner through a process called the immigration petition for alien relative (Form I-130). This is the first step in the process of applying for a green card. It also serves to establish the couple’s relationship. Another option is to apply for a fiancé visa (K-1). This visa allows the foreign partner of a US citizen to enter the country and marry them within 90 days of their arrival. Finally, same-sex couples can also apply for a marriage visa (K-3). This allows the foreign partner of a US citizen to enter the country and await the approval of their green card application in the United States.

3. Does the US recognize foreign same-sex marriages?

No, the US does not recognize foreign same-sex marriages for the purpose of granting immigration benefits. However, some states may have laws that recognize foreign same-sex marriages for other purposes.

4. What documents do same-sex couples need to provide to the US Citizenship and Immigration Services for immigration processing?

Same-sex couples are required to provide the same documents that all other couples need to provide to the US Citizenship and Immigration Services for immigration processing. These documents include a valid passport, birth certificate, marriage certificate, proof of residence in the United States, evidence of a bona fide relationship, evidence of financial support, and any other relevant documents as requested. Additionally, a Form I-130 (Petition for Alien Relative) must be filed on behalf of the non-citizen partner.

5. Does the US provide any special immigration categories for same-sex couples?

Yes, the US provides special immigration categories for same-sex couples. The US Supreme Court struck down part of the Defense of Marriage Act (DOMA) in 2013, allowing same-sex couples to be treated as spouses for immigration purposes. As of 2020, US citizens and lawful permanent residents are allowed to sponsor their same-sex partners for a family-based immigration petition. In addition, LGBTQ+ couples may also apply for a K1 visa and a CR1 visa for their partner.

6. How does the US define “family” when it comes to immigration law?

The U.S. government defines family for immigration purposes as any foreign national who is the spouse, parent, brother, sister, son, or daughter of a U.S. citizen or lawful permanent resident. This definition applies to all immigration benefits, including permanent residence (green card), temporary visas, and asylum. Additionally, the government recognizes other specific family relationships as defined by the Immigration and Nationality Act (INA) to decide certain immigration benefits.

7. Can same-sex couples sponsor their non-US citizen partners for a green card?

Yes, same-sex couples can sponsor their non-US citizen partners for a green card. In 2013, the U.S. Supreme Court struck down the Defense of Marriage Act (DOMA), which had defined marriage as between one man and one woman. As a result, the U.S. Citizenship and Immigration Services (USCIS) now recognizes same-sex marriages in all immigration matters.

8. Are there any restrictions on which countries same-sex couples may emigrate from?

Yes, some countries restrict same-sex couples from emigrating. For example, in some countries same-sex partners are not allowed to jointly sponsor a partner’s immigration application, meaning one partner may be unable to gain permanent residency. In addition, some countries have laws that criminalize homosexuality, making it difficult or impossible for same-sex couples to obtain the necessary documents to legally emigrate.

9. Can a US citizen sponsor their non-US citizen spouse for a visa?

Yes, a US citizen can sponsor their non-US citizen spouse for a visa. The US citizen must submit an I-130 petition to the U.S. Citizenship and Immigration Services (USCIS). Upon approval of the petition, the non-citizen spouse can apply for a visa in their home country or country of residence.

10. How long does it take to process an immigrant visa application for a same-sex couple?

The processing time for an immigrant visa application for a same-sex couple is the same as for any other immigrant visa application. Processing times vary depending on the particular application type, the visa category, the country of origin, and the volume of applications received. You can check estimated processing times on the U.S. Department of State website.

11. Can a same-sex couple apply for an adjustment of status while in the US?

Yes, same-sex couples can apply for an adjustment of status while in the US. The US Citizenship and Immigration Services (USCIS) recognizes same-sex marriages and treats them the same as opposite-sex marriages when it comes to immigration benefits.

12. Are there any special requirements that a same-sex couple must meet to receive an immigrant visa?

Yes. Same-sex couples must meet the same immigration requirements that are applicable to opposite-sex couples. This includes proving the legitimacy of the relationship, satisfying the minimum income requirement, and providing evidence of a valid marriage if applicable.

13. How can a green card holder sponsor their spouse for a green card?

A green card holder can sponsor their spouse for a green card by filing Form I-130, Petition for Alien Relative. The green card holder must prove they are a U.S. citizen or lawful permanent resident, and must provide evidence of their marriage. Additional documents may be requested, such as proof of financial support. Once the petition is approved, the spouse will be able to begin the process of obtaining a green card.

14. Are there any differences between visas and permanent residence cards for same-sex couples?

Yes, there are differences between visas and permanent residence cards for same-sex couples. For example, permanent residence cards allow same-sex couples to live and work in the United States on a permanent basis, while visas grant temporary access to the country for a specified period of time. Additionally, visas typically require more information to be submitted in the application than permanent residence cards. This includes proof of financial stability, criminal background checks, and other documents that demonstrate an applicant’s eligibility for a visa.

15. Are there any special procedures that same-sex couples must follow when applying for their visas?

Same-sex couples applying for a U.S. visa should follow the same procedures as opposite-sex couples. There is no special procedure or form specific to same-sex couples. Couples should provide proof of their relationship, such as photos, emails, documents regarding joint ownership of property, etc. In addition, same-sex couples may need to provide additional evidence to prove their relationship is bona fide, such as evidence of shared financial accounts or joint travel history.

16. Are there any restrictions on which countries same-sex couples may travel to with their visas?

In general, no. Most countries do not restrict same-sex couple from travelling with their visas, however, there are some countries that do not recognize same-sex relationships or same-sex marriage and may deny entry to those couples. It is important for same-sex couples to research the laws of the countries they plan to visit before travelling.

17. What is the process for applying for citizenship or naturalization as a same-sex couple?

The process for applying for citizenship or naturalization as a same-sex couple is the same as it is for any other couple. The applicants must fill out the necessary documents, provide proof of a valid marriage, submit to biometric and background checks, and appear at an in-person interview with an immigration officer. The applicants must also demonstrate that they meet all other eligibility requirements, such as the continuous residence and physical presence requirements. Additionally, they must prove their knowledge of English and civics.

18. Are there any special considerations for same-sex couples seeking asylum in the US?

Yes, same-sex couples seeking asylum in the US must meet the same criteria as any other couple. However, they may be required to provide additional evidence to prove their relationship. In addition, they may face additional scrutiny due to their sexual orientation and gender identity, which can potentially present special challenges in the asylum process.

19. Are there any protection measures available to LGBTQ+ immigrants in the US?

Yes, there are protections available to LGBTQ+ immigrants in the US. The Obama-era Deferred Action for Childhood Arrivals (DACA) program offered temporary relief from deportation to certain undocumented immigrants who arrived in the US as minors. This program was expanded in 2016 to include same-sex binational couples and families. Additionally, in 2014, the U.S. government granted asylum to a transgender woman who had suffered torture in her home country. Other protections available to LGBTQ+ immigrants include the ability to sponsor their same-sex partners for immigration, access to gender-affirming healthcare, and protection from harassment and discrimination in detention centers.

20. Can same-sex couples apply for Deferred Action for Childhood Arrivals (DACA)?

No, same-sex couples cannot apply for DACA. While the DACA program does not explicitly exclude same-sex couples, it does not provide any specific guidance on how to apply for DACA benefits as a same-sex couple. Furthermore, since the DACA program is based on specific criteria related to an individual’s arrival in the US before age 16, it does not provide any special benefits to same-sex couples.