Until a few years ago, there wasn't much to say about the rights of the LGBTQ community -- in particular, gay and lesbian persons -- under U.S. immigration law. However, that radically changed with the 2013 Supreme Court decision known as Windsor, overturning portions of the federal Defense of Marriage Act (DOMA) that defined marriage defined as only the legal union of a man and a woman. Then the 2015 Supreme Court decision in Obergefell mandated that same-sex marriage be permitted and recognized across the country. With these limitations removed from the federal legal landscape, gay and lesbian couples have essentially the same immigration rights as opposite-sex couples, whether they seek spouse-based visas, fiance visas, or derivative status on a spouse or parent's visa. Learn more here.
How can my same-sex fiancé attend a K-1 visa interview when his country persecutes LGBT people?
Arranging for third-country processing of a K-1 fiance visa in a case where LGBT people face persecution in the home country.
If I marry my undocumented same-sex partner, can she get a U.S. green card?
Opportunities and complications when seeking U.S. residence or citizenship for a same-sex spouse who entered the U.S. illegally.
Won the Diversity Visa Lottery: Can I Marry My Same-Sex Partner and Bring Her to the U.S.?
Yes, but don't wait too long to hold the wedding!
Fiance and Marriage Visas: A Couple's Guide to U.S. Immigration
All the guidance in this comprehensive volume, covering visa eligibility and application procedures, is now equally applicable to same-sex couples!