Same-sex marriage, LGBTQ+ immigration to the United States

The term LGBTQIA+ is used to describe a person's sexual orientation or gender identity (an acronym for lesbian, gay, bisexual, transgender, queer+ intersex, asexual, and others - https://gaycenter.org).

(1) ASYLUM
Claiming asylum when persecution (the state does not respect, restricts their rights, and considers them second-class citizens) is based on gender identity or sexual orientation.

"An asylum seeker is someone who has fled his or her country because of persecution or a well-founded fear of persecution on account of his or her race, religion, nationality, membership of a particular social group or political opinion."
For example, if the individual:
- is discriminated against because of sexual difference and orientation (LGBTQ group - lesbian, gay, bisexual, transgender, queer, intersex, asexual + plus, etc...),
- nationality, race, fear of being treated badly in their country (Jewish, Gypsy, etc.),
- persecuted because of his political opinion or political affiliation, because democratic principles are not respected in the country, etc. For more information click here: https://www.patakicenter.com/asylum.

(2) MARRIAGE
The process of immigration to the United States for LGBTQ couples is no different than for any other male and female couple. The USCIS does not legally recognize domestic partnerships; therefore, legally, an LGBTQ couple must also marry in a state where that state's jurisdiction recognizes same-sex couples' marriages. Currently, these US states have legal and accepted same-sex marriage: https://worldpopulationreview.com/state-rankings/same-sex-marriage-states.

In the case of same-sex marriage, the USCIS will examine whether or not the marriage is legally valid, i.e. whether or not the jurisdiction in which the marriage took place recognizes same-sex marriage. If it does, the marriage between two same-sex persons is legally valid under the USCIS rules, even if the couple subsequently lives in a state where the state jurisdiction does not recognize same-sex marriages - thirty-five states have laws prohibiting same-sex marriages.

Our office is also very happy to handle asylum or marriage-based immigration cases for LGBTQIA+ clients (regardless of place of residency) throughout the US. For more information click here: https://www.patakicenter.com/marriage.