Under US immigration law, lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) people have the same rights as others. For example, since 2013, US citizens and permanent residents have had the ability to petition their same-sex spouses for immigration, and for many years, persecution based on sexual orientation or gender identity has been recognized as a basis for asylum in the United States.
In addition to marriage petitions and asylum, LGBTQ+ people are also entitled to other immigration benefits, the same as other people. For example, it may be possible to obtain an employment-based visa or green card or to immigrate based on another qualifying family relationship to a U.S. citizen or permanent resident. Every case is different, so it is wise to consult a qualified immigration attorney familiar with LGBTQ+ issues.
A long-time LGBTQ+ rights and human rights activist, I have extensive experience advising and representing LGBTQ+ immigrants and the particular issues that face our communities. If you would like to schedule a consultation to discuss your case, please call (212) 988-5806 or email me.
This fact sheet is provided for informational purposes only, and is not intended as legal advice. Every case is different, and must be evaluated individually.