Same Sex Issues in Immigration

Our team can help gay, lesbian, and transgender clients who face immigration issues.

United States no longer discriminates against same-sex couples, gay, lesbian, or a transsexual persons in marriage. On June 26, 2015, in the case Obergefell v. Hodges, 14-556, 2015 WL 2473451, the U.S. Supreme Court determined that “the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty.” The Court held that “same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them.” Not only can same sex couples now marry in all fifty states, it also means their marriages can be the basis of immigration benefits. This means that same sex couples can enjoy the same immigration rights as other couples. Same sex partners can petition for fiancé/fiancée visas so that they may marry in the US and adjust their status to permanent residency.

The decision required all U.S. states to issue marriage licenses people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and solemnized in other states. Any same-sex marriage that was officially, legally recognized in the U.S. or the country where it took place may now be the basis for U.S. immigration purposes if the qualifying relationships meet all other Immigration and Naturalization Act requirements and USCIS regulations.

If you are a gay, lesbian, or a transsexual person and have questions about immigration, asylum or other matters, please contact our office for help. Many countries criminalize same-sex relationships, and petitioning for a same-sex fiancé or spouse in these countries presents different challenges. We will review the options available to you and your partner or spouse and will assist you in obtaining a proper status to live with your loved one in the United States. We will also ensure that your loved one can apply for a visa in a safe consulate to avoid danger on account of being in a same-sex relationship.

The attorney’s at Integrity Law are more than qualified to answer any and all of your immigration questions. For questions or concerns of Immigration in Seattle, WA , please visit our website, or call anytime, 206-838-8118. You may also email us at

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