LGBT Family-Based Immigration
Updated on Wednesday 12th July 2017
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Lesbians, gay, bi-sexual and transgender (LGBT) persons interested in immigration in Miami, U.S., can apply for family-based visas in this country. In June 2013, the U.S. Supreme Court decided that the Defense of Marriage Act (DOMA), an act which limited the rights of same-sex couples for marriage purposes, was unconstitutional. Since then, the LGBT community living in America received equal rights on this aspect, just as any other citizen. Moreover, the legislation addresses to the needs of foreign LGBT persons, who may also apply for citizenship in this country. Our immigration attorney in Miami can provide in-depth assistance on the regulations applicable to the LGBT community.
Family-based immigration in Miami
According to the provisions of the legislation on immigration in Miami, American citizens or American permanent residents, are entitled to bring their spouses or fiancees to live in this country.
Family-based immigration also refers to the fact that a foreign person, including a member of the LGBT community, may bring their close family members, such as children, to live in Miami, U.S., once certain conditions are satisfied. Our immigration attorney in Miami can provide more details on the application procedure.
Same-sex marriages in Miami
Same-sex marriages are legally recognized on the entire American territory. As an LGBT person, an applicant can act as a sponsor for his or her spouse, by filling a petition at USCIS. In this sense, it is required to submit Form I-130 and, further on, the American authorities will decide if the spouse meets the eligibility criteria.
The regulation is also available for a member of the LGBT community who is engaged to a foreign national. The applicant should file the Form I-129F, which will be issued by USCIS. The fiance visa is issued only in the situation in which the parties will prove that they want to get married in Miami, U.S.
Also, it is important to know that persons who have applied for the above mentioned situations prior to the DOMA decision may file for a review of the application.
Persons interested in further details on this subject are invited to contact our Miami immigration lawyer, who can assist LGBT foreign nationals to obtain the most suitable type of visa.