Albuquerque Same Sex Immigration Attorney

What Is Same-Sex Immigration?

Same-sex immigration refers to the process of obtaining a green card or visa for a same-sex spouse or partner. Prior to the Supreme Court's ruling in the case of United States v. Windsor in 2013, the federal government did not recognize same-sex marriages. Therefore, same-sex couples were not able to sponsor their spouse for a green card or visa.

However, the Supreme Court's ruling in Windsor found that the federal government could not discriminate against same-sex couples who were legally married under state law. This meant that same-sex couples who were lawfully married in a state that recognized same-sex marriage would be eligible for immigration benefits.

As of 2021, same-sex couples can obtain immigration benefits if they meet the following criteria:

• The couple is legally married in a jurisdiction that recognizes same-sex marriage
• The couple is in a valid and bona fide marriage (i.e. they are not in a fraudulent marriage for immigration purposes)
• The U.S. citizen or lawful permanent resident spouse is willing to sponsor their same-sex spouse for immigration benefits

If you are a same-sex couple and have questions about the immigration process, do not hesitate to reach out to our Albuquerque same-sex immigration lawyer for help. We can provide you with the information and guidance you need.

How to Get a Green Card Through a Same-Sex Marriage

If you are in a same-sex marriage and are married to a U.S. citizen or lawful permanent resident, you may be eligible for a green card. In order to obtain a green card through a same-sex marriage, the following must be true:

• You and your spouse are legally married
• Your marriage is recognized in your state of residence
• Your marriage is recognized by the federal government
• Your spouse is a U.S. citizen or lawful permanent resident

If you meet the above criteria, you will be able to apply for a green card through your same-sex marriage. You will need to file an I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). If your I-130 Petition is approved, you will then need to file an I-485 Application to Register Permanent Residence or Adjust Status. This will allow you to adjust your status to a lawful permanent resident (i.e. green card holder).

If you are married to a U.S. citizen, you will likely be able to file your I-130 Petition and I-485 Application concurrently. This means that you will submit both applications at the same time. However, if you are married to a lawful permanent resident, you will need to wait for a visa number to become available before you can file your I-485 Application.

The process of obtaining a green card through a same-sex marriage can be complex, and it is highly recommended that you seek legal guidance from an experienced same-sex immigration lawyer in Albuquerque. At Monument Immigration, we can help you understand your rights and options under the law and provide you with the legal guidance you need.

How to Get a Same-Sex Partner Visa

If you are in a same-sex relationship but are not married, you may still be able to obtain a visa to come to the United States. There are several different types of visas available to non-immigrant (i.e. temporary) visitors, and you may be eligible for one of these visas if you are in a committed and bona fide relationship with a U.S. citizen or lawful permanent resident.

The most common type of visa for same-sex partners is the K-1 fiancé(e) visa. This visa is available to foreign nationals who are engaged to be married to a U.S. citizen and plan to get married in the United States. The K-1 visa allows the foreign national to enter the United States for a period of 90 days for the purpose of getting married. After the couple is married, the foreign national can apply for a green card through their U.S. citizen spouse.

If you are already married and are in a same-sex marriage, you will not be eligible for the K-1 fiancé(e) visa. However, you may be eligible for a K-3 non-immigrant visa. This visa is available to foreign nationals who are married to a U.S. citizen but have not yet obtained their green card. The K-3 visa allows the foreign national to enter the United States for a period of two years and apply for a green card.

If you are in a same-sex relationship and are not married, you may still be able to obtain a non-immigrant visa to come to the United States. The most common type of non-immigrant visa for visitors is the B-2 tourist visa. This visa allows foreign nationals to enter the United States for a temporary period of time for the purpose of tourism, visiting friends and family, or receiving medical treatment.

In order to qualify for a B-2 tourist visa, you will need to demonstrate that you have strong ties to your home country and that you do not intend to remain in the United States permanently. If you are in a same-sex relationship with a U.S. citizen or lawful permanent resident, you may have difficulty obtaining a B-2 tourist visa because the consular officer may believe that you have immigrant intent (i.e. that you intend to remain in the United States permanently).

There are other types of non-immigrant visas available to visitors, such as the F-1 student visa and the J-1 exchange visitor visa. These visas allow foreign nationals to enter the United States for a temporary period of time for the purpose of studying, working, or participating in an exchange program. If you are interested in obtaining a non-immigrant visa to come to the United States, we highly recommend that you speak with an experienced same-sex immigration lawyer in Albuquerque.

How to Get a Same-Sex Green Card Through a Same-Sex Civil Union or Domestic Partnership

If you are in a same-sex civil union or domestic partnership, you may still be able to obtain a green card through your relationship. However, the process of obtaining a green card through a same-sex civil union or domestic partnership can be more complex than obtaining a green card through a same-sex marriage.

Civil unions and domestic partnerships are legal relationships that are recognized by many states. These relationships are similar to marriages and give same-sex couples many of the same legal rights and responsibilities as married couples.

If you are in a same-sex civil union or domestic partnership, you may be eligible for a green card if the following is true:

• You and your partner are in a valid and bona fide civil union or domestic partnership
• Your civil union or domestic partnership is recognized in your state of residence
• Your civil union or domestic partnership is recognized by the federal government
• Your partner is a U.S. citizen or lawful permanent resident

If you meet the above criteria, you will be able to apply for a green card through your same-sex civil union or domestic partnership. The process of obtaining a green card through a same-sex civil union or domestic partnership will be similar to the process of obtaining a green card through a same-sex marriage. You will need to file an I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). If your I-130 Petition is approved, you will then need to file an I-485 Application to Register Permanent Residence or Adjust Status. This will allow you to adjust your status to a lawful permanent resident (i.e. green card holder).

If you are in a same-sex civil union or domestic partnership and have questions about the immigration process, we can help. At Monument Immigration, our Albuquerque same-sex immigration attorney has the experience, skill, and knowledge to provide you with the legal guidance you need. We can help you understand your rights and options under the law and work to protect your interests throughout the immigration process.

How to Get a Same-Sex Green Card Through a Same-Sex Common-Law Marriage

If you are in a same-sex common-law marriage, you may be able to obtain a green card through your relationship. However, the process of obtaining a green card through a same-sex common-law marriage can be more complex than obtaining a green card through a same-sex marriage, civil union, or domestic partnership.

Common-law marriages are legal marriages that are recognized by many states. These marriages are formed when a couple lives together and holds themselves out as a married couple, even if they did not have a formal wedding ceremony.

If you are in a same-sex common-law marriage, you may be eligible for a green card if the following is true:

• You and your partner are in a valid and bona fide common-law marriage
• Your common-law marriage is recognized in your state of residence
• Your common-law marriage is recognized by the federal government
• Your partner is a U.S. citizen or lawful permanent resident

If you meet the above criteria, you will be able to apply for a green card through your same-sex common-law marriage. The process of obtaining a green card through a same-sex common-law marriage will be similar to the process of obtaining a green card through a same-sex marriage, civil union, or domestic partnership. You will need to file an I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). If your I-130 Petition is approved, you will then need to file an I-485 Application to Register Permanent Residence or Adjust Status. This will allow you to adjust your status to a lawful permanent resident (i.e. green card holder).

If you are in a same-sex common-law marriage and have questions about the immigration process, we can help. At Monument Immigration, our Albuquerque same-sex immigration attorney has the experience, skill, and knowledge to provide you with the legal guidance you need. We can help you understand your rights and options under the law and work to protect your interests throughout the immigration process.

How to Get a Same-Sex Green Card Through a Same-Sex Marriage to a U.S. Citizen

If you are in a same-sex marriage to a U.S. citizen, you may be eligible for a green card. In order to obtain a green card through a same-sex marriage to a U.S. citizen, the following must be true:

• You and your spouse are legally married
• Your marriage is recognized in your state of residence
• Your marriage is recognized by the federal government
• Your spouse is a U.S. citizen

If you meet the above criteria, you will be able to apply for a green card through your same-sex marriage. You will need to file an I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). If your I-130 Petition is approved, you will then need to file an I-485 Application to Register Permanent Residence or Adjust Status. This will allow you to adjust your status to a lawful permanent resident (i.e. green card holder).

If you are married to a U.S. citizen, you will likely be able to file your I-130 Petition and I-485 Application concurrently. This means that you will submit both applications at the same time. If your I-485 Application is approved, you will be granted conditional permanent resident status. This status is valid for two years.

If you have been married for at least two years at the time you are granted conditional permanent resident status, you will be granted full permanent resident status. If you have been married for less than two years at the time you are granted conditional permanent resident status, you will be granted conditional permanent resident status.

If you are granted conditional permanent resident status, you and your spouse will need to file an I-751 Petition to Remove Conditions on Residence within the 90-day period before your conditional permanent resident status expires. This will allow you to remove the conditions on your permanent residence and obtain full permanent resident status.

If you are in a same-sex marriage to a U.S. citizen and have questions about the immigration process, we can help. At Monument Immigration, our Albuquerque same-sex immigration attorney has the experience, skill, and knowledge to provide you with the legal guidance you need. We can help you understand your rights and options under the law and work to protect your interests throughout the immigration process.

How to Get a Same-Sex Green Card Through a Same-Sex Marriage to a U.S. Lawful Permanent Resident

If you are in a same-sex marriage to a U.S. lawful permanent resident, you may be eligible for a green card. In order to obtain a green card through a same-sex marriage to a U.S. lawful permanent resident, the following must be true:

• You and your spouse are legally married
• Your marriage is recognized in your state of residence
• Your marriage is recognized by the federal government
• Your spouse is a U.S. lawful permanent resident

If you meet the above criteria, you will be able to apply for a green card through your same-sex marriage. You will need to file an I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). If your I-130 Petition is approved, you will then need to wait for a visa number to become available before you can file an I-485 Application to Register Permanent Residence or Adjust Status.

The length of time you will need to wait for a visa number to become available will depend on your priority date. Your priority date is the date that the USCIS receives your I-130 Petition. The USCIS will assign a priority date to your I-130 Petition based on the date that it receives your petition.

There are a limited number of visas available each year for certain categories of family-based immigrants. If there are more qualified applicants than there are available visas, a visa backlog will occur. This means that you will need to wait for a visa number to become available before you can apply for a green card.

If you are in a same-sex marriage to a U.S. lawful permanent resident and have questions about the immigration process, we can help. At Monument Immigration, our Albuquerque same-sex immigration attorney has the experience, skill, and knowledge to provide you with the legal guidance you need. We can help you understand your rights and options under the law and work to protect your interests throughout the immigration process.