1. What immigration options are available to LGBTQ+ individuals?

LGBTQ+ individuals can seek immigration relief through many different avenues, including family-based visas, asylum, refugee status, special immigrant juvenile status, employment-based visas, the Deferred Action for Childhood Arrivals (DACA) program, and the U visa. Additionally, some countries, including Canada and the UK, have created specific pathways for LGBTQ+ individuals to immigrate.

2. Are same-sex married couples eligible for immigration benefits under U.S. law?

Yes, same-sex married couples are eligible for immigration benefits under U.S. law. The U.S. Supreme Court ruled in 2015 that same-sex couples have the right to marry in every state. This ruling has extended to immigration laws, meaning that same-sex married couples can now petition to bring a spouse to the United States through family-based green card and visa applications.

3. Does a same-sex partner of a U.S. citizen qualify for family-based immigrant status?

Yes, same-sex partners of a U.S. citizen qualify for family-based immigrant status. In 2013, the US Supreme Court found that the federal Defense of Marriage Act (DOMA) was unconstitutional and that the federal government must recognize same-sex marriages that are legally performed in any state. As a result, same-sex couples who have been legally married in any state can sponsor their spouse for family-based immigration.

4. Can foreign nationals apply for asylum in the U.S. based on their sexual orientation or gender identity?

Yes, foreign nationals can apply for asylum in the U.S. based on their sexual orientation or gender identity. The U.S. recognizes that persecution based on sexual orientation and gender identity is a valid basis for asylum and can grant protection to those individuals.

5. Are same-sex partners of U.S. citizens eligible to petition for permanent residency?

Yes, same-sex partners of U.S. citizens are eligible to petition for permanent residency. This is done through a process called “family-based immigration,” which is available for U.S. citizens and their same-sex partners that are in a committed, long-term relationship.

6. What immigration options are available to transgender people?

There are several immigration options available to transgender people. Those include applying for asylum, applying for a U-Visa, applying for a family-based visa, applying for a work visa, and applying for permanent residence. Depending on individual circumstances, additional pathways may be available as well.

7. Is there an LGBTQ+ visa category in the United States?

No, there is not currently an LGBTQ+ visa category in the United States. However, certain individuals may be eligible for asylum or refugee status on the basis of their sexual orientation or gender identity. In addition, some states have adopted special protection laws for LGBTQ+ individuals. Additionally, in 2020, the Biden administration announced that it would begin accepting applications for the Diversity Immigrant Visa Program, which includes individuals who identify as members of the LGBTQ+ community.

8. What human rights protections are available to LGBTQ+ immigrants in the United States?

LGBTQ+ immigrants in the United States are protected by the same human rights laws that apply to everyone. This includes protections under the U.S. Constitution such as the rights to freedom of speech and freedom of association, the right to equal protection of the laws, and the right to due process. In addition, there are laws that have been passed specifically related to LGBTQ+ immigrants, such as the Uniting American Families Act and the DREAM Act, that provide additional protections for LGBTQ+ individuals. Finally, several states and localities have passed laws that provide additional protections to LGBTQ+ immigrants, including laws prohibiting discrimination in employment, housing, and public accommodations based on sexual orientation or gender identity.

9. Are LGBTQ+ immigrants eligible for temporary protected status (TPS)?

Yes. LGBTQ+ immigrants may be eligible for Temporary Protected Status (TPS) if they meet the criteria established by the U.S. Citizenship and Immigration Services. In particular, they must demonstrate that they have a fear of persecution based on their sexual orientation or gender identity in their home country. Additionally, they must have been present in the United States prior to a certain cutoff date, usually prior to the last designation period. It is important to note that some countries may not be eligible for TPS and some individuals may not qualify for certain countries. It is important to consult an immigration lawyer to ensure you are aware of your rights and eligibility.

10. How can same-sex couples protect their immigration rights?

Same-sex couples can protect their immigration rights by seeking legal assistance from an experienced immigration lawyer. This will help them understand the various immigration laws and their specific legal rights, as well as procedures for filing petitions and applications. Additionally, same-sex couples may wish to seek help from advocacy organizations or LGBT-friendly organizations such as Immigration Equality.

11. How can LGBTQ+ asylum seekers find representation for their cases?

LGBTQ+ asylum seekers can find representation for their cases from organizations like Immigration Equality, which is a national organization that provides free legal services to LGBTQ+ individuals seeking asylum. Asylum seekers can also contact their local LGBTQ+ center or community organization for information and assistance in finding a lawyer. Additionally, the American Immigration Lawyers Association has a directory of LGBTQ+-friendly immigration lawyers who specialize in asylum cases.

12. How can same-sex couples file for a green card together?

Same-sex couples may file for a green card together by applying for a marriage-based green card. The foreign national must be sponsored by a U.S. citizen or permanent resident spouse, and the couple must provide proof of a valid marriage. They must also meet all other requirements for marriage-based green cards.

13. What should LGBTQ+ people know before immigrating to the United States?

LGBTQ+ people should know that the United States is a diverse country and that each state has different laws and regulations regarding LGBTQ+ rights. It is important to research the state laws in the intended area of residence to ensure that all rights and protections are fully respected. Additionally, it is important to understand that some aspects of life, such as housing, public accommodation, and employment may be more difficult for LGBTQ+ people depending on the area of residence. Therefore, it is important to have a support system in place to provide help and resources in more difficult times.

14. Are there any organizations that provide assistance to LGBTQ+ immigrants?

Yes, there are several organizations that provide assistance to LGBTQ+ immigrants. Some of these include Immigration Equality, the Transgender Law Center, Rainbow Welcome, OutRight Action International, and the National Center for Lesbian Rights.

15. What is the status of LGBT rights in the United States?

LGBT rights are becoming more widely accepted in the United States, although there is still a large amount of discrimination and prejudice against the LGBT community. Same-sex marriage is now recognized in all 50 states, and LGBT people have greater access to civil rights protections than ever before. However, there is still a long way to go in terms of protecting LGBT individuals from discrimination in the workplace, housing, and public accommodations. Additionally, many states still lack comprehensive LGBTQ-inclusive hate crime protections.

16. Does the U.S. immigration system recognize gender fluidity?

Yes, the U.S. immigration system recognizes gender fluidity. The Department of State, which is responsible for issuing visas, has updated its gender choices to include a third category, “X,” for those who do not identify as male or female. In addition, the application forms have been changed to allow applicants to self-identify their gender as “X” rather than male or female.

17. Are there any special requirements or considerations for LGBT couples who plan to marry abroad?

Yes. LGBT couples who plan to marry abroad should research the legal requirements in the country they are planning to marry in, as some countries may not recognize same-sex marriage. Additionally, they should be mindful of any laws or cultural attitudes regarding LGBT rights in the country they are visiting. It is also important to check with the relevant embassy or consulate to ensure that documents such as marriage certificates will be accepted in their home country.

18. Are there any countries that offer special visas or legal protections specifically for LGBTQ+ immigrants?

Yes, there are several countries that offer special visas or legal protections specifically for LGBTQ+ immigrants. These include Canada, Australia, New Zealand, the United Kingdom, Germany, France, Spain, the Netherlands, Belgium, Sweden, Denmark, Finland, Norway, and Iceland.

19. Are there any resources available for LGBTQ+ people who wish to immigrate to the United States?

Yes, there are many resources available to LGBTQ+ people who wish to immigrate to the United States. The Human Rights Campaign has created a resource page with information about LGBT-specific immigration rights and policies, as well as links to organizations that provide assistance and advocacy for LGBTQ+ immigrants. The United States Citizenship and Immigration Services also has an LGBT Immigration page with information on visa options, asylum, and more. Additionally, there are several dedicated organizations such as Immigration Equality and OutRight Action International that provide assistance to LGBTQ+ immigrants.

20. Is it possible to obtain a green card through employment if you are an LGBTQ+ immigrant in the United States?

Yes, it is possible to obtain a green card through employment if you are an LGBTQ+ immigrant in the United States. The U.S. Department of Homeland Security recognizes same-sex marriages for the purposes of immigration, allowing partners of U.S. citizens to apply for a marriage-based green card. Additionally, the United States Citizenship and Immigration Services (USCIS) can approve an application for asylum by an LGBTQ+ immigrant if they can show that they were persecuted in their home country due to their gender identity or sexual orientation.