LGBTQ Naturalization

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    Becoming a U.S. citizen is a significant milestone, and Casais & Prias is committed to assisting LGBTQ individuals through the naturalization process. Our experienced immigration attorneys provide personalized guidance to help you navigate the legal requirements with confidence.

    Understanding LGBTQ Naturalization

    LGBTQ individuals have the same rights as anyone else when applying for U.S. citizenship. However, some may face unique challenges, such as proving the validity of a marriage for spousal petitions or overcoming past immigration issues. Our team ensures that your application is handled with care and professionalism.

    Eligibility for U.S. Naturalization

    To apply for naturalization, you must meet the following general requirements:

    • Be at least 18 years old.
    • Hold a green card (permanent resident status) for a specific period, usually five years (or three years if married to a U.S. citizen).
    • Maintain continuous residence and physical presence in the U.S.
    • Demonstrate good moral character.
    • Pass an English language and civics test.
    • Show an attachment to the principles of the U.S. Constitution.

    Unique Considerations for LGBTQ Applicants

    Marriage-Based 

    For LGBTQ individuals married to U.S. citizens, marriage-based residency is an option, which provides a pathway to naturalization. Since the U.S. Supreme Court’s ruling on Obergefell v. Hodges (2015), same-sex marriages are fully recognized under federal law. However, proving a bona fide marriage may require additional documentation.

    Gender Identity and Name Changes

    Applicants who have changed their gender markers or legal names may need to submit additional supporting documents, such as court orders or updated passports. Our attorneys help ensure that your identity is properly reflected in your application.

    Past Immigration Challenges

    LGBTQ immigrants who have experienced discrimination, asylum cases, or past visa denials may face additional scrutiny. We provide legal strategies to address these concerns and strengthen your application.

    How Casais & Prias Can Help

    Our immigration lawyers offer:

    • Personalized Consultation – We assess your eligibility and recommend the best course of action.
    • Application Preparation – We help you gather necessary documents and complete the application for naturalization.
    • Legal Representation – We represent you in case of additional inquiries, background checks, or delays.
    • Interview Preparation – We guide you through the naturalization interview, help you practice for the civics test, and attend the interview with you.
    • Support for Waivers – If you qualify for exceptions based on disability or hardship, we assist in filing the appropriate waivers.

    Contact Us for LGBTQ Naturalization Assistance

    At Casais & Prias, we are dedicated to helping LGBTQ individuals achieve U.S. citizenship with confidence. Contact us today for a consultation, and let us guide you through the naturalization process with expert legal support.

    LGBTQ Naturalization FAQs

    Yes. LGBTQ immigrants have the same rights as any other applicants and can apply for U.S. citizenship if they meet the eligibility criteria.

    Yes. USCIS recognizes same-sex marriages as long as they are legally performed in a jurisdiction where they are valid.

    If your previous petition was denied due to discriminatory reasons, we can help you appeal or reapply with stronger evidence.

    Yes. Transgender applicants can apply with updated gender markers, but they may need to provide legal documents such as court orders and revised identification.

    If you fail the English or civics test, you will have a second opportunity to retake it. We provide test preparation to help applicants succeed.

    The process typically takes 6–12 months, depending on USCIS processing times and individual case complexity.

    Certain offenses can impact your application. Our attorneys assess your situation and provide legal strategies to improve your chances of approval.

    If you were granted asylum, you can apply for citizenship after five years of permanent residency. We help ensure that your history aligns with USCIS requirements.

    We offer complete legal support, from eligibility assessment to interview preparation, ensuring your application is strong and well-prepared.

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