LGBT Immigration Help: Information and Tips for Same-Sex Couples

1.    Making Sure You Are Eligible For The Relief Sought

    The old saying “what you don’t know won’t hurt you” does not apply to immigration law, where what you don’t know could lead to your petition being denied. 

    So, before you file any paperwork with USCIS, you should be sure that you are eligible for the immigration benefit you are seeking, and the best way to do so is to work with an immigration attorney.  For example, we have consulted with many potential clients who do not know whether their spouse can be considered an “immediate relative” under immigration law.  For spouses of permanent residents, this is one potential pitfall, as immigrant visas are unfortunately not immediately available for immigrants in that category. 

    These are but two examples of the many issues that could compromise your immigration petition.  It is essential to consult with a knowledgeable immigration attorney to ensure that you make the best possible decision for you and your loved one.  If you would like to consult with us about your specific case, please call us at (212) 203-0557 (NY) or (215) 558-7600 (PA), or e-mail us.

    2.    Correctly Filing the Paperwork the First Time

    If you’ve begun to look at the petition process, you’ve probably come to realize that it’s not easy.  There are numerous forms that must be filed together, each of which has its own supporting evidence.  Many of the questions are confusing, and some are nearly incomprehensible.  What’s more, you’ve never done this before. 

    For something as important as you or your spouse’s future in the United States, it makes sense to get it right the first time by having an immigration attorney prepare the paperwork and help put together an evidence package that both meets all of the requirements and presents your relationship in the best possible light to immigration authorities. 

    Although this is probably your first time going through this process, an immigration attorney will know these forms and the evidentiary requirements like the back of his or her hand.  The lack of required evidence will not necessarily result in a denial of your case, but it almost certainly will delay your case, particularly if you get a “Request for Evidence” from USCIS.  And inconsistencies or incorrect answers on your forms may lead an officer to scrutinize your case much more closely than he or she would for a professionally prepared petition. 

    Some of our clients have hired us only once they have run into problems with their own efforts to go about the process without an attorney.  Sometimes we can help people in this situation, but often the mistakes they have already made can make their case more difficult than it needed to be, and in almost all cases it takes more time than it would have had they hired an attorney from the beginning of the process. 

    In sum, hiring an immigration attorney will cost more now, but will likely save you time and frustration, and possibly be the difference between your petition being granted or denied.   

    3.    Giving You Confidence Going Into Your Immigration Interview

    You’ve probably never been to a USCIS office before, but we’re usually at various USCIS offices several times a month representing clients for their adjustment of status or asylum interviews.  Before each interview, we meet with all of our clients for a preparation and mock interview session where we subject them to the types of questions they will be facing on the day of the interview and alleviate their concerns about the process.  So when the interview day is here, you (and your spouse if you are petitioning together) will feel prepared to have a successful interview, and confident that the attorney sitting by your side will be there to defend you and your spouse if the interview begins to take a turn in the wrong direction. 

    4.    You Are Worth It!

   

    Your goal in embarking on this process is to ensure that you and your spouse can spend the rest of your lives together in the United States, or that you can remain in the United States for the rest of your life.  Don’t you think it is important enough to do it right the first time?  If you are a bi-national couple, the help of an immigration attorney is more important than your wedding photographer or DJ and probably doesn’t cost too much more -- and plus, even a great DJ can’t help to get your spouse his or her green card! 

                                                                     * * *

If you have a specific question that is not answered on this website, or if you would like to consult with us about your specific case or get a free quote for our legal services, please call us at (212) 203-0557 (NY) or (215) 558-7600 (PA), or e-mail us.