LGBTQ+ Family Immigration: Reuniting Families Through Family-Based Immigration

Helping Same-Sex Couples and LGBTQ+ Families Navigate U.S. Immigration

LGBTQ+ Family Immigration supports same-sex couples, LGBTQ+ parents, and children of LGBTQ+ individuals in securing lawful permanent residency in the U.S. through family-based immigration pathways. This includes sponsoring same-sex spouses, children, and fiancé(e)s for U.S. residency. With Benach Pitney Reilly Immigration, LGBTQ+ individuals can count on expert guidance to help them through every step of the immigration process, ensuring a smoother, more equitable journey for their families.

Who is Eligible for LGBTQ+ Family Immigration?

LGBTQ+ family immigration follows the same general principles as traditional family-based immigration but applies to the unique needs of LGBTQ+ families.

Same-Sex Spouses of U.S. Citizens and Green Card Holders

  • LGBTQ+ couples who are legally married can apply for a green card through marriage (U.S. citizen or lawful permanent resident spouse).
  • If the marriage occurred abroad, the couple can proceed with consular processing for the spouse to enter the U.S.

Children of LGBTQ+ Parents

  • LGBTQ+ parents can sponsor their biological or adopted children for permanent residency in the U.S.
  • This includes children of same-sex couples who are married or in civil partnerships.

K-1 Fiancé Visa (For Same-Sex Couples)

  • Same-sex couples who are engaged to be married can apply for the K-1 Fiancé Visa to bring their fiancé to the U.S. for marriage.
  • Upon entering the U.S., the couple must marry within 90 days, after which the foreign fiancé can apply for adjustment of status and obtain a green card.

The LGBTQ+ Family Immigration Process

The process for LGBTQ+ family immigration is structured similarly to traditional family-based immigration, but there are specific steps for same-sex marriage green cards, K-1 Fiancé Visas, and children of LGBTQ+ parents:

Step 1: Petition Filing (Form I-130 or I-129F)

  • For Same-Sex Spouses and Children: The U.S. citizen or green card holder files Form I-130 (Petition for Alien Relative).
  • For Fiancé(e)s: The U.S. citizen files Form I-129F (Petition for Alien Fiancé(e)) to bring a foreign fiancé to the U.S.

Step 2: Adjustment of Status or Consular Processing

  • If the family member is in the U.S.: They can apply for adjustment of status (Form I-485) to obtain a green card.
  • If the family member is abroad: The family member must go through consular processing for an immigrant visa at a U.S. embassy or consulate.

Step 3: Marriage and Green Card Application

  • For K-1 Visa holders: The fiancé(e) must marry within 90 days of entering the U.S., after which the couple can apply for adjustment of status to become permanent residents.
  • For spouses already married: The process continues as a standard marriage-based green card application.

Step 4: Interview and Approval

  • The applicant will be asked to attend an interview to verify the relationship and marriage legitimacy (if applicable).
  • If the marriage is valid and well-documented, the applicant will be approved for permanent residency.

Step 5: Green Card Approval & Conditional Residency

  • If the marriage is less than two years old, the applicant will receive a conditional green card for two years.
  • After two years, the couple must file Form I-751 (Petition to Remove Conditions) to obtain a permanent green card.

Common Challenges in LGBTQ+ Family Immigration

While the process for LGBTQ+ family immigration is largely similar to traditional family-based immigration, some unique challenges may arise:

  • Marriage Validity Issues: Same-sex marriages may face questions or delays, particularly if the couple is applying from countries where same-sex marriage is not legally recognized.
  • K-1 Fiancé Visa Delays: The K-1 visa process can be delayed, and applicants may be required to provide additional evidence of their relationship’s legitimacy.
  • Adoption Complications: LGBTQ+ couples may encounter complications with international adoption processes, particularly in countries where same-sex couples are not recognized as legal parents.
  • Discrimination or Bias: LGBTQ+ applicants may experience discrimination or bias during the interview or processing, leading to unnecessary delays.

How can Benach Pitney Reilly Immigration Help?

At BPR Immigration Law, we specialize in LGBTQ+ family immigration and are committed to helping LGBTQ+ couples and parents achieve family reunification in the U.S. We provide:

  • Expert legal support for same-sex couples applying for marriage-based green cards.
  • Guidance and assistance with K-1 Fiancé Visa applications.
  • Help with family immigration for children of LGBTQ+ parents, whether biological or adopted.
  • Ensuring a smooth and bias-free process for LGBTQ+ applicants navigating the immigration system.

Why Partner with Benach Pitney Reilly Immigration?

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in uniting families through immigration solutions.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.

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