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.

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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.
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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.
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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.
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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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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.