LGBTQ+ IMMIGRATION

Encanto Law is a safe, affirming space for LGBTQ+ persons. We take pride in our allyship, and are specifically interested in representing members of the queer community. Here are some fast facts regarding LGBTQ+ and immigration:

• ASYLUM and LGBTQ+: If you have been persecuted based on your sexual orientation, HIV status, or gender identity in your home country, you may qualify for asylum, withholding of removal, or protection under the Convention Against Torture. Be reassured that any conversation you have with the Encanto Law team is confidential and will be handled in a culturally competent manner. If you have an asylum claim, you should consider applying as soon as possible. Some LGBTQ cases can qualify for an exception to the one-year asylum rule.

• MARRIAGE BENEFITS and LGBTQ+: Same-sex marriage is protected in each of the U.S. states. Marriage equality is respected by immigration authorities. Same-sex marriages between a foreign person and a U.S. citizen or legal permanent resident (LPR) spouse are treated the same as heterosexual couples. A citizen or LPR spouse can petition for his/her/their married partner.

• SAME-SEX DERIVATIVES: For many immigration applications, one spouse will file as the principal applicant, and their spouse can receive benefits as a “derivative” or close relative of the applicant. (See, for example, U visas or T visas.) Same sex spouses can qualify as derivatives too.

• DETENTION + LGBTQ+: Gay and transgender people run exceptional risks in a detained setting. Procuring bond or parole can be especially important in this context, and Encanto Law understands the need for immediate release whenever possible.

Attorney Mindy Butler-Christensen is an advocate for local and global issues affecting the LGBTQ+ experience. The Encanto Law team supports grassroots groups that uplift LGBTQ+ voices. Call Encanto Law for answers to your questions regarding immigration and LGBTQ+ identities.