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Navigating the stress and challenges of immigration can be overwhelming for everyone who takes the leap. The mountain of paperwork, the time commitment, and the uncertainty of the ever-changing laws can cause an incredible amount of strain on anybody. The level of stress can be even bigger if you identify as a member of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community.
You may have questions about your rights and concerns about immigration or the visa process. The Sussman Law Firm is ready to help you understand the important documents and laws for Charlotte LGBTQ immigrants. A caring lawyer by your side could help you and your family navigate the challenges of immigrating as an LGBTQ individual.
While the acceptance of LGBTQ individuals varies across people and communities, and the wider acceptance can feel like it changes year to year, the same documents needed for immigration apply to everyone regardless of their status. Everyone is required to submit certain documents when going through the immigration process or applying for a visa.
For example, a same-sex couple would need the same documents and forms that an opposite-sex couple would need if they were seeking to immigrate to the United States. Any marriage that is legal in another country is recognized as valid under United States immigration law, and the couple must provide documents proving their union. This could include a marriage certificate, passports, birth certificates, and anything else that supports their marriage.
It is common for immigrants to become engaged or married to citizens of the United States, in which case they could be able to obtain permanent resident status, also called a Green Card. The process and required documents would be the same if the couple were of the same-sex or opposite-sex. This also applies if the immigrant spouse needs a provisional waiver of unlawful presence to travel back to their home country for their in-person Consular interview.
Although the social climate may feel different, United States immigration generally does not discriminate between LGBTQ and heteronormative individuals. A compassionate lawyer could help LGBTQ immigrants in Charlotte with the required documentation and provide support for their individual needs.
If you are an immigrant and identify as a gay, lesbian, transgender, or bisexual individual, there are a few United States federal laws you should know about because they could help explain your rights and provide protection.
The Immigration and Nationality Act (INA) has been the backbone of immigration in the United States since 1952. For LGBTQ couples, the INA does not strictly define a spouse or marriage as being of the opposite sex. This means that same-sex couples benefit from the same immigration rights as opposite-sex couples under the INA. A same-sex immigrant spouse may apply for a Green Card the same way an opposite spouse may do so.
Similarly, the INA does not limit sponsorship of immediate family or family preference visas to non-LGBTQ individuals. Everyone may petition for their spouse, children, parents, and siblings for immigrant visas.
The Violence Against Women Act (VAWA) was passed in 1993 and provides women protection against violent crimes, which includes immigrants. In particular, it allows spouses and children to seek permanent resident status if they are victims of abuse from their partner. As of 2013, the VAWA offers this protection to all spouses regardless of gender.
These are some of the rules and regulations that protect LGBTQ individuals in Charlotte. A knowledgeable attorney could help you better understand your rights and protections under United States immigration law.
The team at the Sussman Law firm is here to help with your immigration needs. Whether you are looking to sponsor a family member, seeking permanent resident status with your partner, or need to escape from a bad situation, a devoted lawyer could help you understand the important documents and laws for Charlotte LGBTQ immigrants.
Every case and every family will have different needs, so it is important to talk to an attorney about your situation. Call the Sussman Law Firm to schedule a consultation to discuss your needs.
Charlotte Family & Divorce Lawyers and Immigration Attorneys