Immigrating to the United States is a complicated process, but certain document requirements and rules have an oversized impact on LGBTQ immigrants. The way marriage laws differ from one nation to another can complicate family immigration, and there are many people who flee their home country out of fear of persecution. If this applies to you, it is vital that you understand the important documents and laws for Atlanta LGBTQ immigrants. Having a clear picture of what is expected of you can improve your chances of remaining in this country indefinitely. Let our experienced family immigration attorneys advise you of your rights.
Necessary Immigration Documents
Every case is different, but there are certain documents that are invaluable for Atlanta LGBTQ immigrants who are focused on complying with the law. Some are important for individuals entering the country, while others play a critical role in keeping you here.
Petition for Alien Resident
The Petition for Alien Resident—or Form I-130—is used when American citizens or permanent residents seek to sponsor their spouse for a green card. It is one of the most important documents included in the family immigration process.
Petition for Alien Fiancé
In addition to sponsoring spouses to come to this country, citizens also have the right to petition for the people they are engaged to. This process begins with Form I-129F, the Petition for Alien Fiancé. This temporary visa allows a foreign resident to come to this country to be married, but they must quickly petition for an adjustment of status to receive an immigrant visa or be forced to leave the country.
Affidavit of Support
A key element of sponsoring a loved one during the immigration process is taking financial responsibility for their well-being. The Affidavit of Support, or Form I-864, provides the government with proof that you have the means to support your same-sex spouse or fiancé.
Application for Replacement Naturalization/Citizenship Document
Another vital document, particularly for transgender immigrants, is Form N565, the Application for Replacement Naturalization/Citizenship Document. This form is used any time you change your name and gender, as it must be included with immigration paperwork.
Green Cards and Passports
For immigrants already living in the United States, there are few documents more important than green cards and passports. There are risks that come with leaving the country and attempting to return without this type of documentation in hand.
Notable Laws Impacting LGBTQ Immigrants
The immigration process is governed by a complex web of federal law. These regulations cover everything from entry into the United States to removal from the country. One of the key concepts to be aware of is that, regardless of the state of your application or legal status, federal agents are prohibited from discriminating against you on certain grounds. This includes discrimination based on your sexual orientation or gender identity. The law also allows immigrants to sponsor their same-sex spouses, even from countries with restrictive marriage laws.
Finally, the United States accepts thousands of immigrants each year as asylum seekers. These individuals come to this country to escape persecution elsewhere. This aspect of immigration law applies to LGBTQ individuals in Atlanta, given that gender is a protected class.
Learn More About the Important Laws and Documents for Atlanta LGBTQ Immigrants
While there is no question that serious challenges continue to face LGBTQ immigrants in the United States, there are systems in place to protect them. Above all else, having the right legal counsel can ensure you are shielded from discrimination based on your identity.
Do not risk pursuing this process on your own. Contact us today to learn more about the important documents and laws for Atlanta LGBTQ immigrants.
