Klinke Immigration celebrates the demise of DOMA*!

Same-sex couples who are legally married are now able to petition for immigration benefits. Please review the section on Marriage-Based Immigration for more information about how to petition for a non-U.S. citizen spouse.

Asylum, Convention Against Torture, or U Status may also be viable options for members of the LGBT community.

A married couple where at least one partner is transgendered may be eligible to apply for marriage-based immigration benefits. In order to determine whether or not immigration benefits may be available, USCIS will look at the law in the state where the marriage took place. For example, Texas, Kansas, and Ohio state that a person’s birth gender cannot change, ever. Most states, though, including Georgia, allow someone who has undergone sex-reassignment surgery to marry a person of the opposite gender.

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*Defense of Marriage Act