The Law Office of Natalia Malyshkina                          

BUSINESS IMMIGRATION AND NATIONALITY LAW OFFICE                                  

San Francisco Office: 100 Pine Street, Suite 1250, San Francisco, CA 94111                     

Silicon Valley Office: 750 Menlo Avenue, Suite 200, Menlo Park, CA 94025       Call us today (415) 240-0083

 
 

LGBT Immigration Services:


 

 Same-sex marriage immigration

After the famous DOMA case allowing same sex marriage, the President and the Secretary of Homeland Security issued statements directing federal departments to insure that federal benefits for same-sex legally married couples are implemented smoothly and swiftly.

In particular, this means that couples, where one of the same-sex spouses is a US citizen, and the other spouse would like to live and work legally in the US, and possibly bring children to the US, can achieve their dream.

Our office welcomes same-sex couples for a free consultation regarding obtaining a green card through family based immigration!

Frequently Asked Questions

I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national.  Can I now sponsor my spouse for a family-based immigrant visa?

Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law. You are also eligible for work permit and travel document. You may also petition to bring your unmarried children under 21 years old to the USA.

Regular limitations may apply, such as serious criminal record of the intended immigrant, etc.

My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not.  Can I file an immigrant visa petition for my spouse?

Yes, you can file the petition.  In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward.

Call us today: 415-240-0083


 

 Asylum in the US for LGBT people from all over the world

Asylum based on sexual orientation ("gay asylum") or transgender status is a well-established ground for asylum where an individual has suffered persecution in the past or has a well-founded fear of persecution if returned to their home country. Because of the extremely difficult and dangerous conditions for LGBT people in many countries, asylum on the basis of sexual orientation can be an effective means of obtaining lawful status in the United States. Contact our office for more information.

After the DOMA decision, LGBT people who already received asylum in the USA may petition to bring their legally married same-sex spouse to the USA through either joining family members to the asylum petition or through family based immigration. Regular restrictions apply.

The Law Office of Natalia Malyshkina welcomes gay, lesbian, transgender and bisexual community (LGBT). US immigration legislation is updated in light of the recent US Supreme Court decision allowing same sex marriages. We are excited to help our LGBT clients with family based immigration.

For more information about our ability to help with lesbian or gay asylum applications or GLBT visa or removal problems, contact a California immigration lawyer Natalia Malyshkina in San Francisco.

 


 

 Waiver of unlawful presence (i-601A) for gay or lesbian spouses of US citizen

Are you gay or lesbian?

Did you come to the USA illegally or without a visa?

Are you married to a same-sex US Citizen or have US citizen parents?

New immigration law can FINALLY help you get a green card!

I-601A Provisional Unlawful Presence Waiver:

On March 4, 2013 a new law came into effect that is expected to help obtain immigrant visas to become lawful permanent residents of the United States.

What You Need to Know

The new provisional unlawful presence waiver process does not change the immigrant visa process. Even if your provisional unlawful presence waiver is approved, you are still required to depart the United States for your immigrant visa interview with a U.S. consular officer abroad.

If a provisional unlawful presence waiver is approved, it will only take effect after:

You depart the United States and appear for your immigrant visa interview, and

A DOS consular officer determines that you are otherwise admissible to the United States and eligible to receive an immigrant visa.   NOTE:  Do not depart until the National Visa Center (NVC) notifies you of your scheduled immigrant visa interview date and time at the designated U.S. Embassy or Consulate.

DOS may cancel your immigrant visa application process if you fail to appear at your interview.

If you are in removal proceedings, you are ineligible for a provisional unlawful presence waiver unless, at the time you file your Form I-601A, your proceedings are administratively closed and have not been put back on the Department of Justice, Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings.

Eligibility Requirements

To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions:

Be 17 years of age or older.


 

 U Visa for LGBT Victims of Crime in the USA

U visa allows crime victims to request status in the U.S. if they can prove that they have suffered from a crime that occurred in the United States, and that they cooperate with the U.S. authorities in the investigation of this crime.

The related crime may be connected with your LGBT status or it can be LGBT-unrelated crime, such as:

Abduction, Abusive Sexual Contact, Blackmail, Domestic Violence, Extortion, False Imprisonment, Genital Female Mutilation, Felonious Assault, Hostage, Incest, Involuntary Servitude, Kidnapping Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Slave Trader, Torture, Trafficking, Witness Tampering, Unlawful Criminal Restraint, Other Related Crimes

U Visa was created by an act of Congress in order to strengthen the ability of law enforcement agencies to detect, investigate and prosecute cases of domestic violence, sexual assault and other crimes by offering protection to victims of such crimes in accordance with the humanitarian interests of the United States.

This visa helps law enforcement officials to support immigrants - victims of crimes and help prosecute crimes committed against foreigners.

U.S. immigration authorities do not charge a fee for a petition to the U Visa.

A typical representative of the U Visa - is a woman or a man - a victim of domestic, sexual or other violent crime.

U Visa was created in part to protect the victims of violence, which are usually vulnerable and powerless.

To be eligible for a U visa, LGBT community member, just like any other person must prove that:

1. The individual suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.

2. The individual has information concerning that criminal activity.

3. The individual was helpful, is helpful, or is likely to be helpful in the investigation or prosecution of the crime.

4. The criminal activity violated U.S. laws

In order to be able to apply for a visa U, a person must obtain a certificate that he was a victim of a particular crime, and that he had cooperated with the police or an investigator in the investigation of this crime.

A person may be eligible for a U visa, even if it has no legal status in the United States.

Congress passed a law creating exceptions for immigrants under the category of "banned", which gives them the right to apply for a visa U.

Family members of people applied for U visa can also get this visa.

If the person filing a petition for U visa, is over 21 years old, he or she may include in their petition the spouse (including same-sex spouses) and children. If the person filing a petition for U visa, is under 21 years old he or she may additionally include in their petition parents, and unmarried brothers and sisters, who are under 18 years old.

After three years, the owners of U Visas have the right to request permanent resident status if:

1. He or she continuously physically present in the United States for at least three years from the date of receipt of U-visa
2. He or she did not refuse without a valid reason to help the law enforcement agencies is solving the underlying crime.
3. The continued presence of this person in the U.S. has humane reasons, such as a guarantee of preservation of the family or other reasons in the national interest, or for the benefit of the public.

Each year 10,000 U Visas (excluding relatives) are issued. If during the year of applying for U visa 10,000 visas are already issued, the person is put on a waiting list and, while waiting, the person is legally in the United States and has the right to work.

You can contact The Law Office of Natalia Malyshkina for more information.