The Gay, Lesbian, Bisexual, and Transgender (LGBTQ )Community immigration rights have seen a considerable change over the past years in the United States. There has been a progressive environment, and several court cases have aided in equalizing the treatment of same-sex marriages in the United States immigration system. These have sought to protect the community’s fundamental rights while ensuring that the non-LGBTQ don’t take the binding decisions for granted.
The U.S. Supreme Court took a federal marriage decision for equal treatment of same-sex marriages and heterosexual marriages back in 2013. The same kind of policy applies for immigration purposes under U.S. law. Although the gay, lesbian, bisexual, and transgender communities continue the persecution throughout the world, their rights are catching up in the United States. However, the primary goal lies with identifying LGBTQ persons like any other individual and have similar immigration opportunities as others.
Gay and lesbian U.S. citizens have the flexibility of applying for marriage-based green cards for their spouse. The United States Citizenship and Immigration Services (USCIS) treats applications for same-sex couples similar to heterosexual couples.
LGBTQ Immigrants Rights History:
LGBTQ rights were almost non-existent in the United States some years ago. Being gay was taken as an inadmissible ground. If a person recognizes himself as a lesbian, gay, bisexual or transgender- immigration to the United States was impossible. The rules were heart-breaking to the extent that the Immigration and Nationality Act of 1951 considered LGBTQ a mental health defect. The language later evolved to calling it a deviation. The immigration policy still believed reasons medical for disqualifying immigrants to the United States.
1980 Refugees Act Strokes Change for Persecuted LGBTQ:
The Refugee Act of 1980 came into effect after the Carter administration passed it. All things began to witness changes. How the law emphasized the word refugee opened windows of opportunities for the LGBTQ community for protected status applications. “Refugee” as per the law is “someone outside of their home country unable or unwilling to avail themselves the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a social group, or political opinion.”
Subsequently, many Supreme Court cases enumerate the same thing that being LGBTQ is more about “membership in a social group”, giving the community a likewise asylum.
However, many cases have come to light raising concerns for same-sex couples. Thus, if you’re such a couple who’s willing to immigrate, then having an LGBTQ attorney is the best thing you can do. An experienced lawyer will answer all your questions after viewing your application package. Nevertheless, given below is the common concerns for same-sex couples. Why not? Any marriage is under the legal authorities’ eyes when it comes to applying for a green card based on marriage.
Some challenges that same-sex couples face owing to their unique relationship are:
- No Relationship with the In-laws:
One of the best ways of proving your relationship with your spouse is to take photos of you with your spouse and respective families. Showing a relationship with your spouse’s family is another important consideration during the green card interview process. The consular officer or USCIS can ask anything about your spouses’ family. These may include the names of your spouse’s siblings or what you did for your mother-in-law’s birthday!
These questions can be challenging if the family of your spouse doesn’t accept the marriage. For example, it can be better to explain that your mother-in-law is homophobic, which doesn’t allow us to meet. Saying something like this helps with comfortable cover-ups instead of cooking stories of your non-existent relationship with your in-laws. Law experts emphasize knowing your other family’s names and ages even if you have no connection with them. After all, being utterly ignorant of your spouse’s family can raise suspicions during your green card interview.
- Non-disclosure relationships:
Some married couples choose to keep their relationship secretive in the eyes of their friends and families. They generally do with the thought of being judged out of fear or lack of acceptance. As a result, the LGBTQ couples lack necessary documents like affidavits from family and friends, which heterosexual couples can provide.
- Prior Heterosexual marriages:
One of the most common concerns for same-sex couples arises when either one or both partners have had heterosexual marriages in the past. USICS will know if you’ve had past weddings. Thus, the green card form requires listing all or any of your previous marriage and providing death or divorce certificates. These will validate the legal termination of your prior marriages. Know that your heterosexual marriage will not raise any red flags, but having answers to all the possible questions should be on your list. Thus, prepare for all the questions well-ahead of time and answer honestly.
The issues raised eyebrows when your gay spouse had already filed a green card application in their heterosexual marriage. The interviewer may find your previous marriage fraudulent with the accusation of obtaining a green card. If you become a green card holder based on a prior marriage, and you’re looking out to sponsor your current spouse for a green card, your recent wedding will also face intense scrutiny.
What Lies Ahead for LGBTQ Community Immigrants?
Past years shed light on LGBTQ asylum seekers’ troubles because they weren’t married at the immigration time. If the couple isn’t married, the application will be considered individual without withholding their long-term relationship. Thus, the applicant would have to qualify to go to separate LGBTQ detention centres. Also, the LGBTQ community fears its protections being snatched. One such situation came into light when the Trump administration tried to change the rules on asylum claims. However, human rights believe the Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review” negatively affects the LGBTQ community applicants.
Liberty is a right- says America’s Declaration of Independence. And that includes the choice of loving the person you wish and the will of expressing free identity. Many things might not lie entirely in the United States, but LGBTQ individuals believe in America as open land.
