LGBT Immigration - FAQs

In an effort to help you find as much information as possible, we have compiled some of our clients' most frequently asked questions about LGBT immigration under US Immigration law. Feel free to browse through them and visit related pages for more detailed information.


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.


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.


Can I petition for my same-sex spouse?

Yes you can petition for your same-sex spouse.


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.


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.

Contact Our Experienced Immigration Lawyer in Orlando

If you need help with any type of immigration matter including same-sex immigration, or need additional information, please do not hesitate to call us today at (407) 502-3000. You may also fill out our online form and we will get back to you shortly. We have a 24-hour emergency service. We can assist you in English, Arabic, Portuguese and Spanish.

Immigration Law