"What we really have to do is stop the adjective before the job title—whether it's 'black actor,' a 'gay actor' or 'anything actor. Everybody thinks that equality comes from identifying people, and that's not where equality comes from. Equality comes from treating everybody the same regardless of who they are." -Matt Bomer Being Gay and Petitioning USCISTo add to Matt Bomer's quote, let's not call it Gay Marriage either. It's marriage. Plain and simple.
There is no question about it. There is still considerable opposition to same-sex marriage in America. Notwithstanding the fact that gay marriage is now legal in all fifty states, many hold out states like Alabama (i.e. Kim Davis) are holding tight to their guns in opposition to it. The United States has come a long way since the days of denying immigration and marriage benefits to LGBT couples. It is a monumental success to see that the United States has seen this change and SCOTUS has ruled that gay couples can now marry. But LGBT rights is so much more than marriage. Much of it involves securing immigration benefits as briefly described below. Fiance Visas: Under the law today, same-sex couples can now get married. A U.S. Citizen can now file an I-129F in order to file a fiance petition, so long as all other immigration requirements are met. The U.S. Citizen and the holder of the K-1 Petition must get married within 90 days from entering into the United States. If the marriage does not happen within the 90 day window, the Visa holder is out of status and will be subject to removal (deportation) and will not be eligible to adjust status. Assuming that all goes well and that they do in fact get married, the non-U.S. Citizen spouse may then apply for a Green Card. In legalese this is called Adjustment of Status. Adjustment of Status means that the foreign national can obtain lawful permanent residence in the United States without having to leave the United States to do so. Keep in mind that this term is not the same as "change in status." That's a whole different concept. A change in status is usually when a non-immigrant goes from one non-immigrant status to another. When Should I Adjust Status when I Marry my U.S. Citizen Spouse: This question comes up all the time. According to the USCIS website, "You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means." There really is no good reason to delay this. As soon as you get married, file the I-485 to adjust status. Asylum Petitions: People who are gay and who live in countries who are hostile to gay people i.e. some countries in the middle east may apply for asylum based on their sexual orientation. In order to file an asylum petition and be successful, the applicant must demonstrate that they are "seeking protection because they have suffered persecution or fear that they will suffer persecution due to: Race, Religion, Nationality, Membership in a particular social group, or Political opinion. (See USCIS page on Asylum). Sometimes there will even be overlap. This may even fall under political opinion or even religion. But generally speaking, asylum based on sexual orientation fall under the membership in a particular social group (or PSG). What We Do: The LGBT community faces many challenges. We work very closely with all of our clients to make sure that their journey through the immigration process is as seamless and as stress-free as possible. We know that the immigration process is very stressful (and at times infuriating), but finding an attorney and working with that attorney shouldn't be.
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AuthorM. Ray Arvand, Esq. Archives
October 2017
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