LGBT Immigration Issues Lawyers
Attorney John Nechman with Katine Nechman McLaurin LLP in Houston, Texas is one of America's most well known attorneys and activists on issues affecting gay, lesbian, bisexual, transgender, and HIV-positive immigrants. Katine Nechman McLaurin is ready to assist members of the LGBT/HIV community in all immigration needs. Among the key issues facing LGBT immigrants are the following:
1. Marriage-Based Immigration Filings
For years the U.S. Congress, as well as U.S. Citizenship and Immigration Services (USCIS) insisted that heterosexual marriages were the only ones that counted for immigration purposes. A law called the "Defense of Marriage Act" or DOMA had defined "marriage" as between a man and a woman, with the result that only heterosexual partners could petition for a green card for their foreign-born spouses.
However, as a result of the U.S. Supreme Court's decision in United States v. Windsor, same-sex foreign spouses of U.S. citizens and permanent residents became eligible to apply for green cards. The Court held that DOMA violated the equal protection guarantee of the U.S. Constitution and that the federal government cannot discriminate against married lesbian and gay couples for the purposes of determining federal benefits and protections.
The bottom line is that any same-sex marriage that is legally recognized in the United States or in the country where it took place counts for U.S. immigration purposes.
John Nechman has been providing immigration assistance and working to better immigration laws for same-sex couples for most of his career. Call him at 713-808-1000 to schedule an appointment to discuss your case.
2. Same-Sex Fiancés
If your foreign-born fiancé is out of the country, but you want to get married in the United States, your best option is probably to get a K-1 fiancé visa. A K-1 visa allows your fiancé to spend 90 days in the United States. While your fiancé is in the country, you can get married, and then apply for "adjustment of status," in other words, U.S. lawful conditional residence.
The legal requirements for getting a K-1 visa for same-sex couples are the same as those for different-sex couples. Perhaps most importantly, you must intend to get married. The U.S. government will require more than just a general goal of tying the knot—you'll have to provide evidence of plans, such as reservations for a venue or an appointment to appear before a judge. It's a good idea to make sure your plans are flexible, though, because there's no guarantee of how long it will take to get approved for the fiancé visa.
You'll also have to demonstrate that you and your intended spouse have met in person within the two years immediately before filing the I-129F petition for the fiancé visa. Finally, you must legally be able to marry. Being a same-sex couple is no longer a barrier to getting a legal marriage in the U.S., but you'll want to make sure that you meet all the other requirements for getting a marriage license.
John Nechman has assistant hundreds of couples from all parts of the globe to achieve their fiancé visa goals. Call him at 713-808-1000 to schedule an appointment to discuss your case.
3. LGBT/HIV-Related Asylum
In 1994, former Attorney General Janet Reno declared Matter of Toboso-Alfonso, a Board of Immigration Appeals case, to be precedent, meaning that the BIA, Immigration Judges, and asylum officers are bound by its ruling. The case recognizes persecution based on sexual orientation as a potential ground upon which to apply for asylum. Since then there have also been some (though much fewer in number) non-precedential cases granting asylum based on transgender identity as well as HIV status.
Few attorneys have assisted LGBT/HIV+ individuals win their asylum cases more than attorney John Nechman. Call him at 713-808-1000 to schedule an appointment.
4. Transgender Issues
According to guidelines from the U.S. Citizenship and Immigration Service, transgender immigrants should be able to obtain identity documents in the "outward, claimed and otherwise documented sex of the applicant."
In addition to assisting members of the transgender and intersex communities on their asylum and other immigration-related filings, John Nechman has worked to help in obtaining correct identity documents as well.
5. Detention Issues
ICE currently detains about 200,000 immigrants a year, usually for visa violations or crimes. Confinement is usually in county jails and contract facilities under jail-like conditions even though immigration court proceedings are not considered criminal offenses. LGBT and HIV-positive detainees are particularly vulnerable and often the subjects of discrimination, harassment, and abuse. HIV-positive detainees suffer additionally from the substandard health care in place at many of these facilities.
Katine Nechman McLaurin: Treating Our Clients Like Family
Katine Nechman McLaurin LLP in Houston, Texas is ready to help you with all your immigration needs. Please contact us to schedule a confidential consultation.