LGBT Immigration Issues
LGBT immigration issues. Although the Supreme Court of the United States has legalized same sex marriages, LGBT couples still face some unique challenges in immigration law. Below are a list of some LGBT immigration issues and what can be done to overcome the challenges:
- USCIS requires applicants for marital visa to prove that they have a legitimate relationship. Such proof includes joint bank accounts, leases, and photos. In the case of an LGBT couple, the couple might have little proof of their relationship because they have been “in the closet” for years before the laws changed. Couples faced fear of retribution from employers or fear of safety from the community so they often hid their relationships. The Rothrock Law Firm has represented LGBT clients in this situation. The firm has advised couples to get several affidavits from people who have known them for several years describing the fact that the couple has had a legitimate and loving relationship. The firm has also advised couples to show hotel receipts or plane tickets to show that they have traveled together on vacations.
- The laws vary from country to country as to whether same sex marriage and/or relationship is legal. If the law in one country prohibits same sex marriage, the couple does not have the option to get married in the country that prohibits the marriage. Ft. Myers immigration attorney Carl Rothrock has advised couples in this situation to apply for a fiancee visa. The United States citizen files the visa application from inside the United States. Once approved, the fiancee has his or her interview in the country of his or her residence. Although same sex marriages might be prohibited in that country, United States law applies in granting the fiancee visa. The applicant can then leave his or her country and get married in the United States.
- Many LGBT couples were previously married to members of the opposite sex. Their concern is that the immigration officer will view the prior marriage as fraudulent and will deny the current application because of prior fraud. Ft. Myers immigration attorney Carl Rothrock has advised couples in this situation to prepare a detailed affidavit explaining that the prior marriage was not fraudulent. Rather, the person entered the prior marriage with good intentions, and things did not work out. The firm has also recommended getting affidavits from the prior spouse explaining that the marriage was entered into with good intentions.
Rothrock Law Firm has obtained fiancee visa approvals and marriage visa approvals for LGBT couples in Ft. Myers, Naples, and Cape Coral. If you are an LGBT couple seeking an immigration attorney, call the Rothrock Law Firm at 239-206-2363.