Immigration Issues for Same Sex Couples*

The United States Government and USCIS do not recognize marriages or civil unions between individuals of the same sex.  Therefore, if you are a US Citizen or LPR in a same-sex marriage or civil union, you cannot bring your life partner to the United States using the standard family immigration procedures.

WARNING: Despite the recent court decision in Massachusetts and the same-sex marriages performed in San Fransisco, USCIS will not permit you to sponsor your same-sex spouse or partner for immigration to the United States. Further, even if you were married or joined in a civil union in a country where same-sex marriages are legal, you cannot sponsor your spouse or partner for immigration purposes. If you do apply using the standard form for spouses, you could be accused of immigration fraud and be subject to criminal penalties as well as the permanent denial of immigration benefits.

Although the current situation is difficult, I would be happy to discuss alternative strategies for bringing your same-sex partner to the United States.  Please contact Jason Dzubow at (202) 234-1940 or Jason@LawMavens.com.

For more information and to help support political change, please visit Immigration Equality (formerly the Lesbian & Gay Immigration Rights Task Force) and HappyPride.com.

It is now possible for Canadian Citizens to sponsor their same-sex partners for immigration to Canada as Common Law Partners under the Immigration and Refugee Protection Act of 2002.  Click here for more information on Canadian Immigration.

Political Asylum Based on Sexual Orientation

Persons who fear persecution in their home countries because of their sexual orientation may be eligible for political asylum in the United States. The form used to claim political asylum is the I-589.  The procedure for claiming political asylum is quite complicated and you should consult an immigration attorney before filing your application. I specialize in asylum law and can prepare most applications for $1,400.  For more information, please contact Jason Dzubow at (202) 234-1940 or Jason@LawMavens.com.

IMPORTANT: You must apply for political asylum within one year of arriving in the United States. If you apply after one year in the US, you will not be eligible for political asylum.  However, if conditions in your country change while you are here and now you are afraid to return home, you may be able to apply for asylum.  In addition, if you have been arrested or convicted of a crime, you might not be eligible to receive political asylum in the United States.

People not eligible for political asylum may be eligible for Withholding of Removal or relief under the Convention Against Torture.  Although these forms or relief are inferior to political asylum, you will not be returned to your home country until the situation there improves.

HIV, AIDS, and Immigration Law

Certain communicable diseases, including HIV, are grounds for inadmissibility. Therefore, if you are HIV-positive, you can be prevented from entering the United States (unless you are a US Citizen).  You may apply for a waiver of inadmissibility in order to enter the United States. Form I-601 is generally used to apply for such a waiver.

I can assist you with obtaining a waiver of inadmissibility. Please contact Jason Dzubow at (202) 234-1940 or Jason@LawMavens.com.

* The information on this website is not legal advice, nor is it intended to be legal advice.  You should consult an attorney for specific advice concerning your own situation.

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