Virginia LGBTQ Family Immigration Lawyer
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) immigration rights in Virginia have changed dramatically in recent years. Partners in same-sex marriages are granted the same legal rights as those in opposite gender marriages with regard to immigration laws, making it easier for LGBTQ families to immigrate.
However, LGBTQ families often face unique and complicated issues when asserting their immigration rights. For that reason, many find it helpful to work with an experienced Virginia LGBTQ family immigration lawyer familiar with these issues who can help resolve difficulties and help families reach their goals. To get started working on your case, schedule a consultation with a passionate immigration attorney today.
Changes in LGBTQ Family Immigration Law
After the U.S. Supreme Court declared portions of the Defense of Marriage Act (DOMA) unconstitutional, the U.S. State Department ordered U.S. Embassies and Consulates to adjudicate visa applications based on same-sex marriages by the same standards as applications involving heterosexual marriages. As a result, same-sex spouses are eligible for derivative visas when their partners apply for immigrant visas.
Virginia immigration lawyers who are familiar with the issues facing LGBTQ families are also able to assist U.S. citizens and Green Card holders to petition for immigrant visas for same-sex spouses and children. Stepchildren who become part of a family through same-sex marriages now qualify for derivative status as well.
Complications Regarding Same-Sex Marriages
Same-sex marriages as a legal entity are a relatively new concept and not recognized in all countries. At this time, a union between partners must be legally treated as a marriage in the jurisdiction where the wedding took place in order for a same-sex spouse to be eligible to immigrate to the U.S.
If a U.S. citizen is engaged to a same-sex partner living in a country where the two cannot legally marry, the U.S. partner may apply for a K-1 fiancé(e) visa. An engagement between partners of the same sex provides eligibility for a partner to enter the U.S. to be married, as long as the other requirements for the visa are met. A Virginia immigration lawyer knowledgeable about LGBTQ issues may assist with the application process.
Family Immigration Categories
U.S. citizens and lawful permanent residents may petition for certain family members to receive an immigrant visa to the United States. By law, only a limited number of immigrant visas may be issued each year. For that reason, many categories of immigrants have limits, so that applicants may have to wait before they become eligible for a visa. To avoid unnecessary delays and ensure that eligibility qualifications are properly documented, many applicants seek assistance from a Virginia LGBTQ family immigration lawyer.
Immediate Relative Immigrant Visas
However, immediate relative immigrant visas are not subject to limitation, so anyone who meets the qualifications for this category may receive a visa regardless of the number of applicants that year.
Immediate relative immigrant visas may be granted to:
- Spouses of U.S. citizens (including same-sex spouses)
- Unmarried minor children of U.S. citizens (including stepchildren)
- Children adopted or about to be adopted abroad by a U.S. citizen
- Parents of U.S. citizens who are at least 21-years-old
Family Preference Visas
Spouses and unmarried children of lawful permanent residents of the U.S. and other family members of U.S. citizens may also seek visas based on their family connection. However, they may have a long wait, especially if they are coming from a country with a high number of applicants.
Consult a Virginia Immigration Attorney Today
While immigration laws provide opportunities for LGBTQ families, the process of petitioning and applying for a visa can be confusing and frustrating. Mistakes can delay an application or even provide grounds for denial.
A knowledgeable Virginia LGBTQ family immigration lawyer can assist at any stage in the process. Whether you are looking for basic information to get started or have encountered delays or denials and need help to move forward, a consultation with an attorney who understands LGBTQ family immigration issues is a step in the right direction.