Lesbian, Gay, Bisexual and Transgender (LGBT) Immigrant Rights

Lesbian, Gay, Bisexual and Transgender (LGBT) immigrants face unique and often daunting challenges.  The ILRC supports legal reforms and policies that acknowledge and address the challenges faced by LGBT immigrants and is committed to supporting LGBT immigrants in the United States and to providing the right tools and resources to legal professionals and other service providers working with this community.

Documents

Marriage Equality in Immigration Law: Immigration Benefits for Same-Sex Married Couples

This practice advisory summarizes the immigration benefits for same-sex spouses after the U.S. Supreme Court decision in United States v. Windsor declared section 3 of DOMA (Defense of Marriage Act) unconstitutional.  It covers family-based petitions (including VAWA) and nonimmigrant visas for same-sex spouses and children.

USCIS FAQs on Same-Sex Immigration Petitions

USCIS issued these frequently asked questions that address the eligibility and application process for same-sex spouses applying for immigration benefits.

DOS FAQs for Post-DOMA

The Department of State answers frequently asked questions regarding non-immigrant and immigrant visa benefits for same-sex spouses.

Policy Memorandum: Adjudication of Immigration Benefits for Transgender Individuals

This Policy Memorandum articulates USCIS policy regarding assigning appropriate gender designations on documents issued to transgender individuals and the adjudication of benefits applications involving the marriage of transgender individuals.

Representing LGBT Immigrants Webinar Series

Supplementary materials to the Representing Lesbian, Gay, Bisexual and Transgender Immigrants: Navigating the Challenges Faced by LGBT Clients Seeking Lawful Immigration Status webinar series.