Same-Sex Based Visa Petitions

Same-Sex Based Visa Petitions allow U.S. citizens and lawful permanent residents (LPRs) to sponsor their same-sex spouses or fiancés for immigrant visas. This follows the Supreme Court's decision recognizing the rights of same-sex couples to marry and ensuring they have the same immigration benefits as opposite-sex couples.

You might be eligible if:

• You are in a legal marriage with a U.S. citizen or lawful permanent resident, regardless of where you married, as long as the marriage is recognized in the place where it was performed.
• You intend to marry a U.S. citizen within 90 days of entering the U.S. (for fiancé visa applicants).

• Obtain a green card and live permanently in the U.S.
• Work legally in the U.S. once the proper work authorization is granted.
• Live in the U.S. with your spouse and enjoy all the benefits of a family-based immigration process.

1. For Married Couples: The U.S. citizen or LPR spouse submits a family-sponsored petition to U.S. Citizenship and Immigration Services (USCIS).
2. For Engaged Couples (fiancé visa): The U.S. citizen fiancé submits a petition to USCIS. Once approved, the foreign fiancé attends an interview at a U.S. consulate abroad and then travels to the U.S. to marry the U.S. citizen within 90 days of arrival.
3. Following approval and after any necessary waiting periods, apply for a green card through adjustment of status (if in the U.S.) or consular processing (if outside the U.S.).
4. Attend any required interviews, and if approved, receive your green card.

Just like any other immigration process, there are specific requirements and documentation needed to successfully navigate the same sex-based visa petition process. It is essential to understand the necessary steps and to have the appropriate legal guidance. If you are considering applying or have questions about same sex-based visa petitions, reach out for a consultation.