LGBT & Same Sex Law | Casais & Prias Law

LGBT & Same Sex Law

LGBT & Same Sex Couple Immigration Services in Miami

Immigration Benefits Such as Visas and Permanent Residency are now available to LGBTQ couples

Immediate Relative Petitions

Available for same-sex couples, when US Citizen petitions for his or her same-sex spouse to live permanently in United States. Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas in this category.

Adjustment of Status

The same-sex spouse of a US Citizen can apply for residency and obtain a green card if already in the United States.

K-1 Fiancé Visas

Available for same-sex couples, one of which is a US Citizen and one who is a foreign national, who intend to marry within 90 days of fiancés entrance into the US.

K-3 Marriage Visas

Available for same-sex spouses of US citizens who are foreign nationals living overseas.
Same-sex couples can apply for waivers based on their marriage to a qualifying US citizen.

Employment/Business Visas

LGBT couples may now accompany their same-sex spouses who hold non-immigrant work visas in the United States including: H-1B, L-1A, E, O, P, etc. Also, permanent residency benefits for spouses of EB-5 investors are also available.

Frequently Asked Questions

The US Citizen spouse must file an immediate relative petition on behalf of their same-sex spouse together with evidence that the marriage was entered into in good faith. At the same time, the non US Citizen spouse can file for permanent residency. Once the applications are filed, USCIS will conduct a background check of the non US Citizen. Upon completion of the background check, USCIS will schedule an interview of the couple and made a decision on the applications.

Processing times change from month-to-month however on average applications are adjudicated in approximately six months after filing.

Yes, you can apply for a work permit at the same time you submit your adjustment of status application. 

Yes, you can apply for immigration benefits based on your marriage as long as you are legally married in a state that recognizes same-sex marriage, regardless of whether you reside in that state.

No, you must first legally marry in a state that recognizes same-sex marriage.

Yes, on both counts. The Casais Law Firm is built from the ground-up to service clients around the world, regardless of whether a client is 5 miles or 5,000 miles from our office. We recognize that immigration is a national and international matter, and as such, we use advanced information technology to ensure constant communication and efficiency in the attorney-client relationship. We also recognize that due to the previous denial of immigration benefits to same-sex couples in the past, many gay and lesbian couples were forced to live overseas in order to be with their partners, and as such, we welcome clients who live all over the world.

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