Inclusion Minded New York Licensed Immigration Attorney For Individuals Worldwide
Inclusion matters and Julianne’s practice of law is open to all individuals regardless of sex, gender, sexual orientation, race, religion, ethnicity, or disability.
We live in a world where so many are marginalized and mistreated for their sex, gender, sexual orientation, race, religion, ethnicity, or disability, this is not acceptable nor should it be tolerable. As members of the human race we should work together to achieve equality for all.
Julianne intends her law practice to welcome all, and inclusion of LGBTQ+ specifically is not meant to exclude the rest, but is necessary because it is an area where immigration is wrought with purposeful misinformation and hate.
Immigration & Lesbian, Gay, Bisexual, Transgender, Questioning, & Plus (LGBTQ+) Community
It saddens me that I feel a deep need to even have this section on my website, but after working with so many LGBTQ+ clients who had absolutely horrific experience with Immigration attorneys who not only were hurtful and belittling but flat out provided factually incorrect legal advice to LGBTQ+ individuals trying to make them believe they had no options it is pretty clear to me it is necessary.
The Law on LGBTQ+ Spousal/Fiancé Petitions
Prior to 2013 the Defense of Marriage Act (DOMA) had prohibited the federal government from giving same-sex couples the same benefits as heterosexual couples. The Supreme Court U.S. v. Windsor decision in 2013 overturned Section 3 of the Defense of Marriage Act (DOMA), and in 2015 the Obergefell v. Hodges decision which recognized same-sex marriage across the country. Both of these decisions essentially mandated immigration rights for same-sex couples making these rights virtually identical to those for opposite-sex couples.
On July 1, 2013 the Secretary of Homeland Security Janet Napolitano issued this statement after the landmark U.S. Supreme Court Decision in U.S. v. Windsor:
“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
As a result of these decisions, now when one LGBTQ+ individual is a U.S. citizen or lawful permanent resident (LPR), he/she can file a petition or application based on the relationship with the United States Citizenship and Immigration Services (USCIS) to classify their foreign partner as a spouse or fiancé of a U.S. citizen and are entitled to benefits.
In simple terms, this means just because you are in a same-sex marriage you cannot be denied immigration benefits, of course provided you are able to meet all the requirements of the benefit you are seeking.
LGTQ+ Spouses Accompanying U.S. Business Visa Holders
The laws discussed above also will apply to all spouses of U.S. Non-Immigrant & Immigrant Visa Holders, Citizens, and Lawful Permanent Residents as well, which affords access to spousal visas for LGBTQ+ spouses including the following categories:
H4 Visa is for Spouses of the H1-B Specialty Visa (Non-Immigrant);
L-2 Visa is for Spouses of the L-1 Intracompany Transfer Visa (Non-Immigrant);
E-2 Dependent Visa Visa is for Spouses of the E-2 Treaty Trader or Treaty Investor Visa Holder (Non-Immigrant);
Lawful Permanent Resident Card for EB-5 Dependents of EB-5 Investors (Immigrant);
All Employment Based Immigration Categories (Immigrant);
Family-Sponsored Immigration Categories (Immigrant);
Asylum Status (including follow to join); and
Refugee Status.
In all of these cases, a same-sex marriage will be treated exactly the same as an opposite-sex marriage.
