Chicago Immigration Lawyer for Same-Sex Couples

Attorneys Helping Gay and Lesbian Couples With Immigration Visas and Green Cards in Cook County and DuPage County

People who live in the United States will often be looking to bring foreign family members to the country to live with them. U.S. citizens and lawful permanent residents can usually help foreign-born spouses or fiancé(e)s immigrate to the United States. However, same-sex couples may be wondering how the immigration laws apply to them and the steps they may need to take during the immigration process. By working with an attorney who is experienced in these types of immigration cases, same-sex partners can ensure that they will be able to live together in the United States and address any legal issues that may affect them or their other family members.

The lawyers of Khan Nayyar & Associates, LLC are highly experienced in multiple types of immigration issues. We have helped many gay and lesbian couples apply for family-based immigration visas and Green Cards. With our understanding of immigration laws, we can make sure you complete all of the necessary requirements, and we will help you address any issues that could affect a person's ability to immigrate to the U.S.

Visas and Green Cards for Same-Sex Spouses

Since gay marriage was made legal in the United States in 2015, same-sex couples can enjoy the same rights and privileges as opposite-sex spouses. This includes the right to sponsor a foreign spouse for immigration to the U.S. A citizen of the United States who is married to a foreign spouse of the same sex can apply for an Immediate Relative (IR) visa. These visas are usually available with no waiting period, and there are no limitations on the number of people who can immigrate to the U.S. through these visas.

Lawful permanent residents of the United States who hold a valid Green Card can sponsor a foreign same-sex spouse for immigration by applying for a Family Preference (F) visa. There are a limited number of F visas issued per year, and spouses of Green Card holders are in the second preference category. Once a foreign spouse enters the United States under an IR visa or F visa, they can apply for adjustment of status and receive a Green Card.

It is important to note that for a person to sponsor a same-sex spouse for immigration, their marriage must be legally valid. If a couple was married in a country that does not recognize same-sex marriage, or if they were in a civil union rather than being legally married, they may not be able to receive a visa based on their marriage. In these cases, they may need to make plans to get legally married before the foreign spouse will be able to immigrate to the United States.

Fiancé(e) Visas for Same-Sex Couples

A U.S. citizen who plans to get married to a same-sex partner who lives in a foreign country can apply for a K nonimmigrant visa. The same rules apply for same-sex couples as for opposite-sex couples, and once a foreign fiancé(e) enters the United States, the couple will have 90 days to get married. After being legally married, a same-sex spouse can apply for adjustment of status, and they will receive a conditional Green Card that will be valid for two years. Within 90 days before the conditional Green Card expires, the spouse can apply to remove the conditions on residence, ensuring that they will be able to remain in the U.S. without the fear of deportation.

Contact Our Chicago, IL Immigration Attorneys for Same-Sex Spouses

While gay and lesbian couples have the same rights as other couples in the United States, they may face some unique hurdles during the immigration process. At Khan Nayyar & Associates, LLC, we can provide you with legal help as you apply for a visa or Green Card, and we will advise you on the best ways to address any issues that you may encounter. Contact our office today by calling 630-LAWYERS to learn more about how we can help with your case. We provide help with immigration issues in Schaumburg, Chicago, DuPage County, Cook County, and other areas throughout the state of Illinois.