What Should I Know About Same Sex Immigration?

When it comes to immigrating into the United States, you always need to be sure that you have your ducks in a row and understand your rights and information. In no case is this more certain than immigration situations involving same sex marriages and families. If you are a gay person seeking to immigrate with your family to the United States and want to be fully aware of your rights, consider the following information.

What does the law say about same sex immigration?

Traditionally, immigrating families were only recognized as man and woman marriages. However, in 2013, the federal government issued a legal ruling that it must also recognize marriages between two men or two women. What this means is that per this change in federal laws, gay couples can now immigrate to the United States with the same rights that opposite sex couples once enjoyed. 

Great! What should my first step be?

While this change was revolutionary, you will still need a high powered attorney to make sure that the agency you file through is following the letter of the law. With something as critical as immigration, you'll need the best attorney to represent you anyway. But, in a situation as sensitive as a same sex couple immigrating, you'll want to also hire a lawyer who specializes in same sex immigration law, as they will likely be more attuned to the recent changes and hassles that gay couples may have experienced in resistance to the law. 

What about my children?

The law states that any sons or daughters of the immigrating couple who are under the age of 21 and unmarried will receive full immigration rights as part of the process. Additionally, step children will also gain citizenship. The legal code is flexible enough to include language that recognizes adoptive children or children who were born out of wed lock. 

What should I expect in the entire process?

You should make sure that you are patient throughout the process. All immigration cases take time and no two situations are alike. Be prepared for the long haul and make sure that you remain diligent in compiling all documentation to make the process as smooth as possible, and remain in close contact with your attorney along the way. 

Keep this information in mind as you embark upon this process. Legal immigration is filled with many changes thanks to new federal laws. You can get the help you need from an immigration lawyer. 


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