Lesbian, Gay, Bisexual, and Transgender (LGBT) immigrants often face unique challenges due to their sexual orientation or gender identity. Some flee persecution in their home countries or have experienced discrimination and trauma in the United States. Others need assistance in changing their gender marker on official documents or navigating a family-based immigration case.
The Immigrant Legal Resource Center (ILRC) provides training and resources to ensure that legal services address these complex issues and are provided in a culturally competent manner. Our manual, LGBTQ Immigration: Ensuring Equality for All, provides practice tips and legal guidance for service providers of all levels of experience. The ILRC is committed to advancing local and federal policies that are responsive to the experiences of all members of the immigrant community, including LGBT individuals.
Latest Resources
Practice Advisory
Resources
Publication Date
01/22/2020
Since 2015, the process of immigrating to the United States as the spouse of a USC or an LPR should not be any different for an LGBTQ couple than any other couple. However, advocates working with LGBTQ couples may need to consider a variety of factors when documenting and providing representation for an LGBTQ marriage-based petition. For example, is the couple currently living a jurisdiction where they can lawfully marry? And, if not, what other options does a couple have? And how might a marriage-based petition packet look if the couple has not shared their marriage or LGBTQ identity with one or both of their families? This advisory will address the first step of the marriage-based immigration process for same-sex married couples: submitting evidence of a bona fide marriage. It will also discuss red flags to address when preparing such applications and strategies for preventing fraud accusations by USCIS.
FAQs & Explainers
Resources
Publication Date
08/31/2018
This resource is a collection of one-page fact sheets on various forms of immigration relief meant to provide a brief overview of options that may exist for undocumented immigrant children. While geared towards children and youth, it may also be helpful as an introduction to some of the immigration options available to adults as well. This is not meant to be an exhaustive resource. We recommend consulting with an immigration expert before filing any applications for immigration relief.
Practice Advisory
Resources
Publication Date
04/13/2023
This introductory practice advisory explains 245(i), including “grandfathering” and “after acquired,” and includes screening questions to assist in identifying and evaluating possible 245(i) options for your clients.
FAQs & Explainers
Resources
Publication Date
05/21/2021
This page provides several tools: an updated and a comprehensive Practice Advisory on the legal issues; a Practice Alert on the Policy Manualamendment; community flyers that you can download and use to help warn clients and community; and a sample written warning about working in the industry from the California Employment Development Department.
FAQs & Explainers
Resources
Publication Date
12/19/2016
LGBTQ immigrants enjoy the same rights under immigration law as all other non-citizens. However, there are some areas where LGBTQ immigrants might face unique challenges. This resource is an outline of some special considerations for LGBTQ immigrants.
Resources
Resources
Publication Date
01/06/2012
Supplementary materials to the Representing Lesbian, Gay, Bisexual and Transgender Immigrants: Navigating the Challenges Faced by LGBT Clients Seeking Lawful Immigration Status webinar series.
Resources
Resources
Publication Date
04/24/2012
This Policy Memorandum articulates USCIS policy regarding assigning appropriate gender designations on documents issued to transgender individuals and the adjudication of benefits applications involving the marriage of transgender individuals.
Resources
Resources
Publication Date
08/30/2013
The Department of State answers frequently asked questions regarding non-immigrant and immigrant visa benefits for same-sex spouses.
Resources
Resources
Publication Date
08/30/2013
USCIS issued these frequently asked questions that address the eligibility and application process for same-sex spouses applying for immigration benefits.
Practice Advisory
Resources
Publication Date
08/30/2013
This practice advisory summarizes the immigration benefits for same-sex spouses after the U.S. Supreme Court decision in United States v. Windsor declared section 3 of DOMA (Defense of Marriage Act) unconstitutional. It covers family-based petitions (including VAWA) and nonimmigrant visas for same-sex spouses and children.
Related Products
Publication
Publication
This manual is ideal for immigration practitioners interested in developing their cultural competency and legal expertise in the area of lesbian, gay, bisexual, transgender, queer (LGBTQ) immigration. Confronted with the same cumbersome immigration system as other immigrants, individuals who identify as LGBTQ often face unique challenges. Understanding how an LGBTQ identity influences an individual’s immigration experience is crucial to ensuring that LGBTQ immigrants receive culturally competent services that adequately meet their needs and ultimately help them access the protections and benefits to which they have a right under federal immigration laws. This manual is intended to serve as a tool for legal representatives and other service providers who represent LGBTQ individuals in immigration matters.
Video
Video
This webinar highlights special considerations in LGBTQ immigration. We focus on cultural competency for legal practitioners working with LGBTQ immigrants; marriage-based petitions involving same-sex binational couples; asylum protection when persecution was based on gender identity or sexual orientation; and defense strategies for LGBTQ immigrants in detention.