A United States citizen or a lawful permanent resident (green card holder) who is in a same sex marriage to a foreigner can petition their spouse in the same manner that was once reserved only for heterosexual couples. Your eligibility to petition your spouse, and your spouse’s admissibility as an immigrant or for adjustment of status, will be applied by the same immigration laws that now apply to everyone. This is also true for fiance petitions. Gay marriage, lesbian marriage, bisexual marriage, transgender marriage – all marriages are entitled to the respect, benefits, and stability associated with legal marriage.
If you were previously denied due to the prior discrimination that prevented the recognition of same sex marriages in individual States to the United States, that can now be reconsidered. It is possible to right a wrong that previously occurred, depending upon the facts of your case.
Same sex marriage can also confer immigration benefits to aliens seeking to accompany or follow their spouse as a family sponsored immigrant, an employment based immigrant, for aliens granted refugee or asylum, and for other immigration related circumstances. Again, the law that once applied only to heterosexual couples now applies equally to all.
Even though the laws still apply to all, it is still critical to hire an experienced immigration lawyer to represent you and your family members, such as the lawyers at Hilf & Hilf, PLC. Immigration law is highly technical, and mistakes can lead to complications, delays, denials, and heartaches in the future. Also, just because our laws and regulations have become more enlightened and fair, it does not mean that the people who administer those laws and regulations have overcome their personal prejudices and biases. The involvement of an experienced immigration lawyer helps keep the playing field fair and level, and helps prepare you and your partner to overcome all obstacles related to your immigration related experience.
Why marry now? Although we have come a long way when it comes to human rights it is especially important for gays, lesbians, and transgender individuals to exercise all their rights. It helps society in general to accept all citizens as equal and all rights as shared. It is a step in the process for the word “gay” to be removed from the common spoken label of “gay marriage”, so that all marriages can be accepted as routine, commonplace, and the same for all. The acceptance of marriage for all will ultimately reduce discrimination when it comes to adoption. It promotes stability to the relationship, and gives assurances and legitimacy to any children of the relationship. It promotes fairness when it comes to inheritance and probate planning. It allows for transparency and participation when it comes to medical and health issues which your spouse may incur in the future. The financial rewards when it comes to taxes, health care, social security, and other benefits are also worthwhile. The immigration benefits related to marriage are extremely important because, in additional to the reasons stated above, it allows the foreign partner to remain in the United States, work, and possibly avoid the severe prejudice that gays, lesbians, and transgendered people face in some other parts of the world. When you love someone, you want to protect them and do what is best for them.
It is important to hire lawyers that are excellent in terms of their advice, skill, reputation and representation in Immigration law, but lawyers that respect you and your partner as individuals. Contact the lawyers at Hilf & Hilf, PLC today.