U.S. Immigration Options For Same-Sex Couples

Same-sex couples married in any country or U.S. state that recognizes same-sex marriage, now have the same immigration options as heterosexual couples.

USCIS recognizes same-sex marriages for immigration purposes if the marriage was valid in the country or state where the marriage was celebrated — even if you do not currently live in that country or state. With the changing and varied laws in the U.S. and throughout the world, seek an experienced and skilled immigration lawyer when you have an immigration issue.

Skilled Immigration Representation For Same-Sex Couples

At the San Francisco based Law Office of Amie D. Miller, I have been dedicated to protecting the rights of LGBT immigrants and their families since 1999. I am certified by The State Bar of California as a Specialist in Immigration and Nationality Law and can answer your questions and provide you with the legal counsel you want and need.

For families, a number of visa options are available, including:

  • Spouse visas
  • Stepchild visas for children under 18 years old at the time of marriage
  • Fiancé(e) visas, including the fiancé(e)'s children who are under 18
  • Derivative spouse visas — a spouse of the person immigrating through a nonimmediate family member such as a sibling or in some cases, a parent

Other same-sex marriage immigration options are also available in the U.S.:

  • Employment immigration visas: Same-sex spouses can immigrate along with their spouses who are immigrating through employment
  • Asylee spouses: Spouses who were married before one spouse was granted asylum are also eligible for asylum status, even if the spouse is outside the U.S.
  • Accompanying spouses with nonimmigrant visas: Spouses of nonimmigrant visa holders. For example, a student, H-1B, O, or L etc., can apply for derivative nonimmigrant status, allowing the spouse to stay in the U.S. together for the duration of the visa.

New Options In Removal Proceedings

Foreign nationals in same-sex marriages with U.S. citizens or lawful permanent residents may have new options in removal proceedings including:

  • Marriage-based adjustment of status to permanent resident
  • Cancellation of removal
  • Hardship waivers
  • Asylum

Caution: Marriage Alone Does Not Guarantee Your Immigration Benefits

Travel, unlawful presence, convictions, manner of entry, misrepresentation and other issues can affect your eligibility for a green card. Contact me today to discuss your eligibility for permanent residence.

For immediate and knowledgeable legal assistance with all matters of same-sex immigration, contact the California Law Office of Amie D. Miller. You may send me an email or call me at 415-906-2321 to schedule an in-person or online video conference.

You have choices. Let me help you achieve what is best for you and those you love.