No More Fear for Same-Sex Couples: Pathway to Citizenship
At Oliver-Zhang Law, we have been passionately advocating for LGBTQ+ rights and family reunification since our firm’s founding. Inspired by the landmark changes in immigration law following United States v. Windsor, we recognized the unique opportunity to serve same-sex couples navigating a new and complex legal landscape.
What began as a response to a historic moment has grown into a deeply rewarding mission: to empower individuals, reunite families, and create pathways to brighter futures. Over the years, we have remained steadfast in our commitment to providing compassionate, client-focused representation to countless LGBTQ+ families. Whether you are seeking a green card for your spouse, a fiancé visa, or guidance through intricate immigration challenges, we are here to help you every step of the way.
A Landmark Victory for Marriage Equality
On June 26, 2015, the U.S. Supreme Court issued its landmark decision in Obergefell v. Hodges, making marriage equality the law of the land. All states are now required to issue marriage certificates to all couples, regardless of sexual orientation. This historic ruling built on the momentum from United States v. Windsor (2013), which struck down the Defense of Marriage Act (DOMA) and gave same-sex couples the right to petition for immigration benefits, including green cards and citizenship for their foreign spouses.
Our Commitment to the LGBTQ+ Community
Since the law changed in 2013, Oliver-Zhang Law has successfully helped many same-sex couples secure green cards, visas, and other immigration benefits. We understand the unique challenges LGBTQ+ applicants face, including societal biases and the need for robust evidence to prove bona fide relationships. Our mission is to ensure that every client receives equal and fair treatment under the law.
Client Testimonial
“As a gay couple during these uncertain times in America, my husband and I were nervous when we decided to file for his Adjustment of Status application. We were facing an administration that continually pushed to make laws that placed LGBTQ and non-U.S. citizens at a disadvantage. Retaining a lawyer felt essential, so we searched online and found the Julie Oliver-Zhang Law Firm, which specializes in immigration and is experienced in representing LGBTQ couples.
After our initial consultation, we knew Julie was the lawyer to represent us. Julie and her team treated us with the utmost respect and made us comfortable throughout the process. They thoroughly prepared us, from compiling documented evidence to preparing us for the USCIS interview. Our immigration officer was astounded by how well-documented our file was and the extensive evidence we provided. Thanks to Julie and her team, our case was a huge success. We highly recommend the Julie Oliver-Zhang Law Firm to anyone seeking stellar representation.”
— D.H. and F.G. from VA, LGBTQ+ Marriage Green Card
Navigating Unique Challenges in LGBTQ+ Immigration
For same-sex couples, the evidentiary requirements for proving a bona fide marriage can be daunting. While heterosexual couples may rely on traditional markers like big weddings or extensive family support, many same-sex couples face barriers such as societal stigma, closeted relationships, or lack of familial acceptance. These challenges can make it difficult to provide conventional evidence, but our attorneys specialize in crafting strong, individualized cases to address these issues.
Common Questions About Same-Sex Immigration Benefits
What Does This Mean if My Fiancé Lives Abroad?
U.S. citizens can sponsor their same-sex fiancé for a K-1 fiancé visa. Once your fiancé arrives in the U.S., you must marry within 90 days, after which they can apply for a green card through adjustment of status. Alternatively, you can marry your fiancé in one of the 37 countries (as of January 2025) where same-sex marriage is legal and apply for a spousal green card through consular processing.
What If My Fiancé Is Living Illegally in the U.S.?
If your fiancé entered the U.S. legally but overstayed their visa, they can typically adjust their status to become a permanent resident after marriage. However, for those who entered without inspection (EWI), securing a green card may require a waiver of inadmissibility to overcome the 3-year or 10-year bars triggered by unlawful presence. Our attorneys are experienced in preparing I-601 waivers based on “extreme hardship” to the U.S. citizen spouse.
What About Immediate Family Members?
Same-sex U.S. citizens and permanent residents can now sponsor their spouses’ children for green cards. Once the foreign spouse obtains legal status, they can sponsor their own children, parents, and siblings for immigration benefits, creating a pathway to family reunification.
What If My Spouse is a Victim of Domestic Violence?
Under the Violence Against Women Act (VAWA), same-sex spouses who are victims of domestic abuse can self-petition for a green card without relying on the abusive spouse. This includes male victims and their children, provided they were married to a U.S. citizen or permanent resident.
Immigration Benefits for Same-Sex Couples
Same-sex couples and their families are eligible for a wide range of immigration benefits, including:
- Fiancé and Marriage Visas: K-1 and K-3 visas.
- Family-Based Green Cards: Including adjustment of status and consular processing.
- Derivative Visas: For spouses of employment-based visa holders (e.g., H-4, L-2, E-2, R-1).
- VAWA Self-Petitions: For survivors of domestic violence.
- Extreme Hardship Waivers: For overcoming inadmissibility issues.
- Green Cards for Spouses of EB-5 Investors.
- Relief from Deportation: Cancellation of removal or adjustment of status in removal proceedings.
Why Choose Oliver-Zhang Law?
- Proven Expertise: Over a decade of success in LGBTQ+ immigration cases.
- Personalized Support: We understand the unique challenges faced by same-sex couples and provide compassionate, client-focused representation.
- Commitment to Justice: As proud members of the National LGBT Bar Association, we advocate fiercely for our clients’ rights.
Start Your Immigration Journey Today
Reuniting families and creating opportunities for a brighter future is at the heart of what we do. Don’t wait—the immigration process can take six months to over a year. Contact Oliver-Zhang Law for a free consultation and let us help you secure the future you and your loved ones deserve.
📞 Call: (202)-643-1110
📧 Email: [email protected]
Oliver-Zhang Law is a proud member of National LGBT Bar Association.
