Our New Jersey LGBTQ+ immigration lawyer is ready to help same-sex couples with all immigration matters in the country.
LGBTQ couples who are legally married in the United States or abroad are eligible for immigration benefits. Therefore, the immigration lawyers in New Jersey at Curbelo Law will advise you on what you need on the subject.
Table of Contents
Immigration Lawyer In New Jersey Specialized In Procedures For LGBTQ+ Immigrants
Attorney Carolina T. Curbelo is proud to help LGBTQ couples with any immigration process for which they qualify.
With more than 10 years of experience in the area, our professional is:
- Passionate.
- Understanding, and
- Knowledgeable about the circumstances of the LGBTQ community.
Thanks to the repeal of the Defense of Marriage Act (DOMA) and the marriage equality ruling (Obergefell v. Hodges), Americans can sponsor their same-gender partners.
Services Our New Jersey LGBTQ+ Immigration Lawyer Offers
Our lawyer will be able to help individuals from the LGBTQ community in the following immigration matters:
Asylum Application
For those who fear being persecuted in their country of origin for their sexual orientation, gender identity or for having tested positive for HIV. As a result of this, they may be eligible to apply for political asylum process in the United States.
Detained LGBTQ Immigrants
Those who have been detained by immigration will be in the best possible hands with our attorney Carolina. This is because the attorney will provide the information and assistance required for the detained individuals.
LGBTQ individuals detained by Immigration and Customs Enforcement (ICE) may be eligible to post an immigration bond.
Crime Survivors
Victims of a serious crime that occurred in the US may be eligible for some type of protection or form of immigration relief. For example:
- VAWA visa.
- U visa.
- T visa for individuals who are victims of human trafficking and migrant smuggling.
Individuals Seeking An Appeal
Attorney Curbelo also represents individuals who have lost an immigration case before an immigration judge. Therefore, at Curbelo Law you will get all the help you need to appeal an immigration decision in the US.
Application For Employment-Based Visas
The US government provides approximately 140,000 employment-based immigrant visas each year. Because of this, applicants who qualify for one of these visas will be able to come to the US as permanent workers under one category.
Deportation Defense
Deportation processes are usually very complex and can reach various results. However, attorney Curbelo is willing to help the LGBTQ community in:
- NACARA program.
- Deferred Action (for example, DACA application requirements).
- Cancellation of removal.
- Stay of deportation.
- Temporary Protected Status (TPS).
Family-Based Visa Application
US citizens and permanent residents can sponsor their LGBTQ spouses. Due to this, the spouses will be able to obtain the Green Card in the United States.
At Curbelo Law, its professionals are prepared to help same-sex couples in the following immigration processes:
- Adjustment of status.
- Consular process.
- US family-based immigration.
- Eligibility to Section 245(i) Adjustment.
- Fiancee requests.
- Applications under violence.
- Child Status Protection Act (CSPA).
- Widow Petitions.
Green Card Eligibility For Same-Sex Spouses Through Marriage
Same-sex couples can apply for a Green Card and obtain permanent residence in the United States. This is assumed if the alien entered the US with inspection and not illegally.
- If this is the case, you may be issued a Green Card for 2-year conditional resident status or 10-year permanent resident status. This depends on the length of the marriage prior to adjustment of status.
- The Green Card is only the first step towards obtaining US citizenship.
- Those aliens who have obtained the Green Card for 3 years, remain married and have resided in the US for a certain time, may apply for naturalization.
I-601A Waiver For Same-Sex Couples
Spouses of US citizens and residents who entered the US illegally may be eligible for an I-601 A waiver.
However, it must be shown that the citizen or permanent resident will suffer extreme hardship if their spouse is not allowed to remain in the country.
This process usually requires a lot of documentation, but you can get all the necessary information in our article on the waiver of inadmissibility.
Unconstitutional Marriage Defense Law
Since the US Supreme Court declared DOMA unconstitutional, LGBTQ married couples can benefit from all immigration benefits. For example, K-1 fiancé(e) visas or immigration waivers.
How To File A Petition For A Same-Sex Fiancé?
Filing a same-sex fiancé petition involves applying, paying your fee, collecting documents, an interview, and adjusting status.
The time between the interview and the adjustment of status is usually long. Therefore, patience is required in these procedures.
Basic Steps To Petition For A Same-Sex Fiancé
The US citizen must file Form I-129F, Petition for Alien Fiance with USCIS. USCIS then forwards this petition to the National Visa Center (NVC).
The NVC then works with the US embassy or consulate in the fiancé’s country to coordinate with them on next steps.
Next Steps For The LGBTQ Fiancé
Once this is done, the next steps will be:
- Complete Form DS-160 or the online visa application.
- Gather all documents regarding income and criminal history.
- Complete the medical examination through a doctor certified by the US embassy or consulate.
- Complete an interview at the US consulate regarding the relationship. The point of this is to prove that the relationship is real. For this, some marriage-based Green Card interview questions are done.
After the visa is approved, the fiancé can enter the country and the American can marry them within the established 90 days.
What Kind Of Harm Or Mistreatment Have LGBTQ People Suffered To Apply For Asylum?
Most cases related to asylum claims by LGBTQ individuals are due to cases of violence or threats of violence.
Additionally, in many countries that persecute LGBTQ individuals, the government demonizes these individuals through legal means. As a result, the government passes laws against LGBTQ groups, thus prohibiting them from standing up for their rights.
At our firm, attorney Curbelo will passionately defend all of our clients in these proceedings.
Can An LGBTQ Person Get Asylum Even If The Violence Is Not At The Hands Of The State?
The law provides that an individual may be granted asylum due to past persecution or fear of persecution. Therefore, they can receive asylum even if the persecution is or will be at the hands of non-state perpetrators.
However, it must be shown that the government is unwilling or unable to protect the safety of the asylum seeker. This is often very common in countries where there is violence against homosexual individuals.
What About The HIV Status To Obtain Asylum?
In most cases, there is a persecution that only LGBTQ individuals and sex workers have HIV. Therefore, these individuals can be perceived as transmitters of HIV.
If you have HIV, call us so we can discuss your possibilities for asylum or other immigration benefits in the US.
It must be taken into account that the unique fact of having HIV will not be sufficient reason to obtain asylum. Applicants must show that they have been persecuted or will suffer persecution in their country of origin for this condition.
What If A Person Claims To Be LGBTQ Just To Apply For Asylum?
Lying on an asylum application is one of the worst things a national foreigner seeking to stay in the US can do.
If an individual is not LGBT and assures US authorities that they are, solely to apply for asylum, then it will be considered a “frivolous finding.”
- The fact that a case is denied does not mean that the judge has determined that there was a frivolous finding against the applicant.
- There is a frivolous conclusion if the judge determines that the immigrant fabricated his case on purpose.
- If there is a frivolous ruling by the judge and no appeal is granted on this, then the immigrant will be barred from all immigration benefits.
- If this happens, the immigrant will not be able to obtain a status in the US, even if it is done through the petition of relatives , employment, visas, etc.
There are two very minimal exceptions for these situations: protection under Article 3 of the Convention against Torture and withholding of removal. This means that these two forms of relief are exempt from frivolous finding.
However, all other forms of relief or immigration benefits are prohibited when making a frivolous finding.
Frequently Asked Questions For Our New Jersey LGBTQ+ Immigration Lawyer
Below, we will provide answers to the most common questions asked to our LGBTQ+ immigration lawyer in our office in New Jersey and online.
US citizens cannot sponsor their same-sex partner if they are not married. However, if they intend to get married, they can apply for the K-1 visa. This allows the couple to enter the US for 90 days (enough time to get married).
Applicants who are unsure about the type of application to file should contact our LGBTQ+ immigration attorney in New Jersey. Through a consultation, they will be able to know their migratory chances.
If the same-sex spouse of the US citizen is eligible to immigrate to the US based on their marriage, the US citizen and spouse must prove their legal union.
Get Legal Assistance From Our Experienced Team
Now you know that our LGBTQ+ immigration lawyer in New Jersey helps aliens from this community in all types of immigration matters in the country. Therefore, if you want private advice, do not hesitate to contact us.
In the consultation, the immigration history and the possibilities to qualify for an immigration benefit will be evaluated. Your family member’s immigration status will also be reviewed to determine if another pathway is available.
Call us today, send us an E-mail or if you are already in New Jersey, you can schedule an appointment with the office. The office is located in Ridgewood, New Jersey.
