Gay, Lesbian, and Transgender Immigration Issues
Our Chicago immigration lawyers can help gay, lesbian, and transgender clients who face unique issues because not every country recognizes same-sex marriages. After years of institutionalized discrimination in the United States, on June 26, 2015, in the case Obergefell v. Hodges, the U.S. Supreme Court determined that "the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty." The Court held that "same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them." Obergefell v. Hodges, 14-556, 2015 WL 2473451 (U.S. June 26, 2015)
This decisions comes exactly two years from the June 26, 2013 United States Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675, 2695-96, 186 L. Ed. 2d 808 (2013), which held that the Defense of Marriage Act’s definition of marriage was unconstitutional and a deprivation of liberty interest protected by the Fifth Amendment of the U.S. Constitution.
Even though the United States no longer discriminates against same-sex couples, many countries do. Both secular and blasphemy laws in numerous countries criminalize same-sex relationships, and petitioning for a same-sex fiance or spouse in these countries presents different challenges.
If you are a gay, lesbian, or a transsexual person and would like to live with your loved one in the United States, contact our office for help. We will review the options available to you and your partner or spouse and will assist you in obtaining a proper status to live with your loved one in the United States. We will also ensure that your loved one can apply for a visa in a safe consulate to avoid danger on account of being in a same-sex relationship.Resources