LGBT Rights and Immigration

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LGBT Rights and Immigration

At Hyder Law we firmly support equal rights for the LGBT community and provide acutely sensitive legal services to LGBT immigrants and their loved ones. LGBT means Lesbian, Gay, Bisexual, and Transgender. These descriptions are not only a matter of identity (how a man/woman identifies his/her sexuality) but is also a status (how the Law sees and treats a person). LGBT status can directly impact legal rights, including immigration rights.

Many immigrants are LGBT. The U.S. Immigration policy is largely about Family Reunification, which means bringing families together and keeping families together. For this reason, the definition of family is a critical part immigration rights and must include LGBT families for equality to exist.

On June 26, 2013 the U.S. Supreme Court – the highest court in the U.S. – decided a landmark case on LGBT rights and the definition of marriage. In the media, this decision is popularly known by many names including “The End of the Defense of Marriage Act, DOMA.” This is an extremely important case for the LGBT community – it is both changing history and making history. The Court decided that Gays and Lesbians who are lawfully married in a U.S. State are entitled to ALL the same Federal Rights as a man:woman heterosexual marriage. These Federal Rights include immigration rights.

The Supreme Court case is U.S. v. Windsor. At Hyder Law, we will further explain the impact of this landmark decision on your immigration rights. For your reference, here is the Court’s full official Opinion:
U.S. v. Windsor

Currently, there are 13 States in the U.S. that provide for Gay and Lesbian marriage. New York is one of the states. At Hyder Law, we are enthusiastic about being part of changing and making history in the area of LGBT Rights and Immigration. We are available to assist LGBT residents of states outside of NY with their immigration needs. The other states which provide are: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, Rhode Island, Vermont, Washington, D.C., and within five Native American Tribes.

During a consultation with a Hyder Lawyer, you will learn more about how your LGBT status impacts your immigration rights. But the good news is that the Supreme Court’s decision means that now Gays and Lesbians can petition for their lawfully married spouse to get a Green Card. The decision also means that a Gay or Lesbian person may be able to petition for a Fiancé/Fiancée in another country to get a visa to come to the U.S. for marriage, and investors and employees who get visas to invest/work in the U.S. may be able to get a visa for their spouse.

Your consultation will also include information on your rights and/or a loved one’s rights to other Federal Benefits under IRS Taxation, Social Security, and Health Care. Your rights under state law will also be addressed and the firm can work with you on matters such as NYS/State Taxation, Estate Planning (Wills and Trusts), and a Living Will (to make important medical decisions). The impact of this change in law is far reaching and a Hyder Lawyer is committed to helping members of the LGBT community to better understand their rights and benefits.

We Are Committed to
Supporting LGBT Rights

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(718) 666-8648