LGBTQI Immigration – FAQs

Is the immigration process for gay couples the same as for straight couples?

The process for gay couples should be, but it is a new area of law. You may encounter an officer new to these types of relationships, but they should be treated the same.

Is gay marriage legal in the US?

Yes, and it allows for federal benefits. Example a US citizen man, can petition for his foreign national husband.

How can I prove I will be persecuted in my home country for my sexuality?

Asylum does require evidence, although credible testimony should be enough; it is often not. An experienced attorney will gather country conditions, expert testimony, witness statements, etc.. Each case is different, asylum law and immigration law is constantly changing; having an attorney is always suggested.

Can I petition for my same-sex spouse?

Yes you can petition for your same-sex spouse.

I am being abused by my spouse, does VAWA still apply to me if I am a man?

Yes, although the name of the original law is the Violence Against Women’s Act, it is still applicable to any battered spouse of a US citizen or Permanent Resident, regardless of gender.