Same-sex marriage is legal in the United States and is recognized by U.S. Citizenship and Immigration Services (USCIS). Family unity is one of the primary goals of immigration policy in the United States. An LGBTQ couple with a family is legally entitled to apply for same-sex family visas under the same qualifications as a different-sex couple. A green card holder in a same-sex marriage with a family can sponsor their family to come to the United States.
A green card holder can petition for a visa for their same-sex spouse and their children who are unmarried and under the age of 21. The petitioner names them on the initial visa petition, Form I-130, to start the process for them. Eventually, each family member must submit their own applications for a green card.
A same-sex couple must take additional steps to be eligible for family immigration benefits. An LGBTQ couple must ensure that their marriage is recognized in the state or country they were married in and the state they are residing in when they apply to sponsor a same-sex spouse and their children. Same-sex marriage is legal in Illinois; same-sex couples who are married in Illinois (or other jurisdiction that recognizes same-sex marriages) are eligible for family-based immigration benefits.
Learn More:
• Sponsoring a Same-Sex Fiancé for a K-1 Visa
An experienced immigration lawyer can help same-sex couple families determine their eligibility to apply for a program, and the steps to take. Mario Godoy and the other immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options. Call today at 855-554-6369.
