Immigration Benefits for Same-Sex Couples

The Law Firm of Dehra Miotke, LLC has had a long-term commitment to legally representing many L.G.B.T. clients in a various ways, including Asylum; Employment-based Petitions as well as Family-based Petitions, well before significant new options became available for our L.G.B.T. clients with the fall of the “Defense of Marriage Act” in 2013.


Presently, many options now exist for the Firm’s L.G.B.T. clients and their family members, and the Firm continues to aggressively and successfully represent the L.G.B.T. community in these areas. Further, the Firm has developed a full “Waiver Specialty” Practice, with extensive and specialized experience supporting a full range of Immigrant and Non-Immigrant Waivers. The Firm’s wide experience and knowledge base has included many successful I-601A Provisional Waivers of Unlawful Presence; I-212(h) and I-212(i) Waivers.


Which Immigration Benefits are Available?

Family-Sponsored Visas


Immigration benefits such as Visas and Permanent Residency are now available to Same-Sex Couples:


  • Adjustment of Status to obtain a Green Card for  an Alien spouse in the U.S. on another Visa type.
  • Form I-130, Petition for Alien Relative.
  • Immigrant Visas obtained through Consular processing- for those residing overseas.
  • K-1 Fiancé Visas for couples who intend to marry within 90 days of the Fiancé’s entry into the U.S.
  • K-3 Marriage Visas for Same-Sex Spouses of U.S. Citizens who are Foreign Nationals living overseas.
  • I-212(h) and I-212(i) Waivers based on marriage to a qualifying U.S. Citizen.

Employment/ Business Visas


Gay and Lesbian individuals may now accompany their Same-Sex Spouses who hold Employment-based Visas:


  • Green-Card benefits for spouses of EB-5 investors.
  • E-2 Derivative Visa for the spouse of an E-2 treaty trader or treaty investor.
  • H-4 visa for the Spouse of an H-1B Specialty Occupations Visa holder.
  • L-2 Visa for the Spouse of an L-1 Intercompany Transferee Visa holder.

Removal Proceedings


Same-Sex individuals may now seek protection from Deportation in Removal Proceedings through various forms of relief including:


  • Adjustment of Status in Proceedings.
  • Asylum.
  • Cancellation of Removal for L.A.P.R.S/ Non- L.A.P.R.S.
  • I-212(h) Waivers.
  • I-212(i) Waivers.

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