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Will Being Gay, Lesbian, Bisexual, Or Transsexual (Member Of The LGBT/GLBT Community) Impact My Immigration Case?


On June 26, 2015, the U.S. Supreme Court legalized same-sex marriages nationwide. Legally, same-sex couples are treated in the same manner as heterosexual couples when it comes to the immigration process in the United States.

This being said, there are unique challenges that same-sex couples may need to overcome to have a successful case.

Fortunately, our office has successfully helped numerous same-sex couples with obtaining lawful immigration status inside of the U.S. or obtaining a visa at a U.S. consulate or embassy abroad.

If you are in a discrete relationship due to your sexual orientation, we strongly encourage the couple to retain an experienced immigration attorney to help collect sufficient evidence to prove that the marriage is real and legitimate. Experienced immigration attorneys will know what types of evidence that a USCIS adjudications officer will use to determine if a marriage is legitimate.

Below are some “red flags” that immigration officers may be trained to look for when determining if same-sex relationships are legitimate.

  • Does the couple hold themselves as “married” on their social media accounts?
  • Does the couple hold themselves out as “married” to their friends, family, and coworkers?
  • Has one of the parties been married to a member of the opposite sex in the past?
  • Does one of the parties have children from a prior relationship?

In addition to the aforementioned red flags, USCIS adjudication officers and consular officers are human. This means that they may have their personal biases on what constitutes a valid marriage – and this may impact your case. If you are handling your case without an experienced attorney, you may run into problems if:

  • The closest Immigration Field Office (immigration office), where you and your spouse will be interviewed, in an area that is known to be socially conservative; or
  • The closest U.S. consulate or embassy, where your fiancée or spouse will be interviewed, in an area that is known to be socially conservative

If you are concerned about your same-sex relationship, it is imperative that you retain an experienced immigration attorney to assist you with your case. Immigration attorneys are allowed to practice nationwide. This means that if you are in an area that does not have qualified immigration attorneys, you can hire an immigration attorney in a different state.

For more information on Will being gay, lesbian, bisexual, or transsexual (member of the LGBT/GLBT community) impact my immigration case, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas..

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