Same-Sex Immigration

Allegheny Immigration Group Lawyers have represented LGBTQ Immigrants for years. We understand the special challenges and concerns that LGBTQ status presents in the context of immigration benefits for same sex couples and LGBTQ applicants for asylum.

Even after all of these years, the subject of the availability of immigration benefits for people in same-sex marriages is still something we get a lot of inquiries about. The short answer is that, with extremely limited exceptions, same-sex partners married or engaged to U.S. Citizens are entitled to all of the same benefits that opposite sex partners are.

Fiancee Visas for Same Sex Partner

As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage.

Green Card for Same Sex Spouse

As long as same sex marriage is legal in the place where the marriage was celebrated the marriage is legally valid for immigration purposes. USCIS applies local laws of the jurisdiction that recognized the marriage to determine the validity of an opposite-sex marriage, USCIS will apply local laws of the jurisdiction that recognized the marriage to determine the validity of a same-sex marriage.

Naturalization / Citizenship Based on Same Sex Marriage

Naturalization is the process of becoming a U.S. Citizen. An applicant for naturalization must normally reside in the U,S, for five years following admission as a lawful permanent resident. But, according to the immigration laws, naturalization is available after a required residence period of three years, if during that three year period you have been living in "marital union" with a U.S. citizen "spouse" and your spouse has been a United States citizen. For this purpose, same-sex marriages are treated exactly the same as opposite-sex marriages.

Asylum Claims Based on Persecution of LGBTQ People

LGBTQ people face pernicious and sometimes violent persecution in various parts of the world. Whether you left one of these places to avoid persecution on account of your LGBTQ status or can no longer return because you will be persecuted for your status, U.S. Asylum Law recognizes LGBTQ persecution as a legitimate basis for a claim of asylum.

Client Reviews
I was amazed by how supportive the experience was. They took the time to explain every step of the process, what was needed, and how they were going to accomplish it. They didn't just tell me what to do, they explained the process and gave me options. I was never left in the dark, which made the whole experience very low stress. E.S.
Joe represented me on an asylum case in San Francisco. They day I met him he took out a business card and wrote his personal cell phone number on the back. He told me to feel free to call or text any time I wanted to. I tried it and he wasn't kidding. That sort of concierge style lawyering was a real joy. S.K.
Right after the repeal of DOMA, Joe represented me and my partner on one of Pennsylvania's first immigration cases based on same sex marriage. It was new at the time, and we weren't really sure it would work, Joe reassured us and explained how and why I had the right to file for a green card for my partner - and he made every word he told me come true. The green card was issued about 5 months later. M.M.