Anyone considering immigrating to the United States under the current climate/administration will face many challenges. Same-sex couples and LGBTQ immigrants will face even greater immigration challenges, needless to say. That’s why it’s important to think through the following five things with your partner if you are considering making the United States your new home:
1) Same-sex spouses can petition to bring their foreign-born spouse to the United States. Same-sex marriage is legal in all U.S. states and is legally recognized by the federal government by virtue of a decision from the U.S. Supreme Court in 2013. If one of the partners in the marriage is a U.S. citizen or a lawful permanent resident, they can petition or sponsor their foreign spouse.
2) Asylum for LGBTQ individuals fleeing persecution based on sexual orientation and gender identity is still in place: It is possible that cases that would have been granted under the prior administration would be required to make some greater showing of proof or would be denied outright under the current administration. It’s not easy to get a grant of asylum to the U.S. Only 62% of asylum applications are successful, and asylum based on sexual orientation persecution even less so. You may have other options, but it is best to consult with an experienced immigration/family law attorney first.
3) Detention prior to deportation will be an increasing problem for LGBTQ individuals: Even under the Obama Administration, detention centers housing immigrants in removal proceedings were difficult places to be. In fact, the U.S. Supreme Court recently decided that immigrants can be held indefinitely in these detention centers. Before, individuals awaiting the outcome of their deportation hearings in detention were given a new bond hearing every six months. But no longer.
4) It is important now more than ever to have a plan: Even permanent residents with green cards should still have a plan in place with family members in the event they are detained or held for removal. Paramount in this plan should be to contact an immigration attorney immediately. Ensure that other family members have access to your and their important documents in case those need to be provided, and to have a designated individual to care for children or the elderly.
5) Retain experienced and knowledgeable attorneys to help you fight. Whether you are seeking to bring in your spouse from a foreign country or are an LGBTQ individual facing deportation, the difference between winning and losing can rest solely between having an experienced immigration attorney on your side, and not having one. An attorney who is well-versed in immigration and family law and knows what the authorities can and cannot do is invaluable when you are in this situation.
The attorneys at Rotella & Hernandez have the experience, tenacity, and knowledge to fight for you and your loved one. We have helped many same-sex couples achieve their dream of being together in the U.S. Having our attorneys on your side from the earliest point possible is the best decision you can make towards your goal. Call us today at 305-596-3618 so we can help you.