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Lesbian, Gay, Bisexual & Transgender (LGBT) Immigrant Rights

Lesbian, Gay, Bisexual & Transgender (LGBT) Immigrant Rights

The recent landmark Supreme Court ruling in Obergefell v Hodges was a huge victory for the immigration rights of same-sex couples. Essentially, this decision requires same-sex marriages to be handled the same as heterosexual marriages for all legal matters. This means that all of the immigration rights that were formerly reserved for straight couples now apply to all married couples across the board. Regardless of whether your spouse or fiancé is legally residing in the U.S., or still living abroad, they can now take full advantage of immigration programs.

Same-Sex Unions Are Now Recognized

With the Obergefell v Hodges ruling, same-sex spouses must legally be treated the same way as heterosexual spouses. For example, a man who is a current U.S. citizen can now apply to bring his husband to the United States under the same visa petition that a heterosexual couple would use. Likewise, if a gay immigrant spouse or fiancé is already in the United States legally, the process of applying for a green card will be exactly the same.

What Are the Rights for Transgender Immigrants?

The Obergefell v Hodges ruling essentially eliminates any conditions for marriage that are based on gender. This means that transgender spouses seeking to immigrate to the U.S. have the same rights as other same-sex or heterosexual spouses do. While the rights are the same on paper, transgender immigrants do face unique challenges and are often discriminated against. These couples may require additional legal expertise on their side to ensure their rights are upheld.

Need Counsel for Immigration? Call Today!

If you or a family member are dealing with a same-sex immigration matter, it’s critical to retain high-quality legal counsel. Immigration matters can be extremely complex, and a single misstep could potentially lead to a deportation or other immigration penalties. At the Law Office of Ashkan Yekrangi, our Orange County immigration attorney is an immigrant himself, giving him personal insight into these matters.

Call our immigration law firm today for skilled counsel at (949) 478-4936.


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