Pride month in the United States just came to a close, and we felt it might be a good time to discuss immigration options and rules for same-sex couples. Many in this country have been striving for equality for decades, and we definitely have made progress. In 2015, the US Supreme Court legalized same-sex marriage in all 50 states, but some countries still have stringent bans on these unions. If you are a same-sex couple looking for a better and more comfortable life, immigration to the United States may be an attractive option. Here is all the pertinent information you need if you consider applying for residency or citizenship in the U.S. as an LGBTQ couple.
Same-Sex Couple Immigration Options
K-1 Fiance Visa: When same-sex marriage became legal in 2015, it opened up the possibility for LGBTQ foreign nationals to apply for a K-1 Visa. The “fiance visa” is specifically designed for US citizens seeking to sponsor their fiance to live with them in the United States while awaiting marriage. Those in a same-sex relationship who cannot marry in their home country may qualify for a K-1 visa.
Green Card for Married Individuals:
If the couple is already married – and one spouse is a US citizen or permanent resident – they can sponsor their spouse by applying for a marriage-based green card. Because same-sex marriage is legal in every state, LGBTQ+ couples are eligible for this process. A green card, however, is only available to individuals who are legally married. If your home country has not recognized same-sex marriage, couples would have to apply for the fiance visa option – or get married in a country where the marriage is legally recognized.
Children of Same-Sex Couples:
Children of same-sex couples may also have the option to immigrate, as rights are extended to children. When a US citizen petitions for a visa for their spouse, their children can qualify for visas available for minor children before they turn 21 years old.
Refugees and Asylum Seekers:
Although not perfect, immigration options for LGBTQ+ individuals through a refugee or asylum program are gaining momentum. This specific status is available only to those who are looking for protection from persecution based on race, religion, nationality, or sexual orientation. Between 2007 and 2017, approximately 4,400 individuals applied for asylum based upon their LGBTQ status. This is an area likely to gain more attention in the coming months and years.
U Nonimmigrant Visa:
The U Visa is largely unknown by many. U nonimmigrant status for foreign nationals stipulates that they have been victims of serious crimes that caused significant physical or mental harm. If the victim can produce documentation from a law enforcement official that they are (or have been) assisting in the criminal investigation or prosecution of the crime, they may qualify. The U Visa may be an option for LGBTQ individuals looking for protection from persecution in their home country. Typically, they can apply for a U Visa if they have suffered:
- Discrimination and harassment, gender-based persecution
- Physical violence, rape, or sexual assault
- Legal punishment for LGBTQ identity
- Forced medical treatments
- Persecution of HIV-positive person or persons with AIDS
- Economic persecution, discrimination
- Mental, emotional, and psychological harm
If you are a same-sex couple seeking immigration to the United States, the Sarasota and Tampa immigration attorneys at Probinsky & Cole are here to help. Call today to learn more about your best options.
