We serve immigration clients nationwide. Contact Us to schedule a consultation with one of our lawyers today.

For families trying to immigrate to the United States, the application process posits challenges few people are familiar with. Thankfully, there are a number of routes you and your family could take that may ultimately lead to your successful move.

Specifically, same-sex family visas in Oak Brook offer couples the chance to immigrate and petition USCIS like any other visa. However, the process itself is difficult and tedious. Let an experienced family immigration attorney guide you through the necessary paperwork and help you meet the requirements set out by the Department of Homeland Security.

Same-Sex Marriage Sponsors

How a U.S. citizen or lawful permanent resident in a same-sex marriage would go about sponsoring a spouse for a family immigrant visa would be to file an I-130 application to get the process started. The beneficiary would also need to file a form I-130A to get the process started.

How Does One Go About Filing a Visa for a Same-Sex Spouse?

How a U.S. citizen in Oak Brook engaged to be married to a foreign national of the same-sex would file a fiancé petition would be with Form I-129F.

Additional Steps

There are additional steps that a same-sex couple must take to make them eligible for family-related immigration benefits. A same-sex couple must ensure that their relationship is established in the states that recognize same-sex relationships. They should talk to a knowledgeable attorney in Oak Brook about what type of evidence they would need to submit to obtain a same-sex family visa.

Residency Timelines for Naturalization

Marriages affect the residency period required for naturalization. Any individual seeking naturalization would need to either be married to a U.S. citizen for three years prior to filing the naturalization certification or have five years as a legal permanent resident. Same-sex marriages, now that the federal law is no longer enforcing DOMA, would want to have a hardworking lawyer review to see if they are eligible early for naturalization.

Concerns for Foreign-Born Children

There any concerns for foreign partners applying with foreign-born children. LGBTQ couples that have a foreign partner with children would need to file a separate application for those children. However, they would need to make sure that they comply with any of the custodial laws that have been ordered or that have taken place in the other country in which the child was born.

What Role Could Attorney Play?

The role a Oak Brook attorney could play in helping legalize a family member’s stay in the U.S. would be to identify all the issues in his or her immigration case, to help that person adequately prepare for presentation before USCIS, and to marshal the correct evidence so that he or she could put his or her best foot forward and obtain a case approval.

Speak to a Dedicated Attorney for Help with Same-sex Family Visas in Oak Brook

The United States only allows for so many people to enter the country on certain visa programs. That does not mean, however, that obtaining a visa is impossible. Family visas for same-sex couples in Oak Brook could be obtained with the help of an attorney.

An experienced attorney could help you gather paperwork, appeal to USCIS, and appeal your case if necessary. Reach out to an attorney today.

Lead Counsel Rated
Illinois State Bar Association
American Immigration Lawyers Association