Higbee & Associates is assisting gay and lesbian couples nationwide and worldwide to obtain U.S. immigration benefits.
After the Supreme Court’s overturn of the 1996 Defense of Marriage Act, known as DOMA, gay and lesbian couples are now entitled to federal immigration benefits. This landmark decision allows U.S. citizens and permanent residents to sponsor their same-sex partners. U.S. Citizens may petition for their fiancés living overseas, and both citizens and residents may begin the immigration process for their foreign-born spouses. This change is effective immediately.
Am I Eligible?
Gay and lesbian couples may now be eligible for family-sponsored visas, such as:
- K-1 Fiancé Visas
- K-3 Marriage Visas
- Form I-130, Petition for Alien Relative
- Adjustment of Status to obtain a Green Card
- Immigrant Visas obtained through consular processing
- Waivers based on a qualifying US citizen or LPR Spouse
Gay and lesbian couples may now seek protection against deportation in removal proceedings and may apply for certain forms of relief such as:
- Cancellation of removal
- Adjustment of Status in proceedings
- I-212(h) waiver
Gay and lesbian couples may now accompany a spouse who is able to obtain an employment-based visa, such as:
- H-4 visa for the spouse who holds an H-1B Specialty Occupation visa
- L-2 visa for a spouse who holds an L-1 Intracompany Transferee visa
- E-2 visa for a spouse who holds an E-2 treaty trader or treaty investor visa
- R-1 visa to accompany the spouse of a religious visa holder
- Green-card benefits for spouses of EB-5 investors
What Are The Benefits?
- Gives your partner lawful permission to reside in the United States
- Gives your partner lawful permission to work in the United States legally
- Allows your partner to legally obtain a Driver’s License and Social Security number
- Live without fear of deportation
- Stay united with your spouse and family
Why Hire Higbee & Associates?
Our immigration attorneys are some of the best. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and the LBGT community.
Immigration law is one of the most complex areas of law. Having Higbee & Associates represent you will ensure that your case is handled correctly. Anyone can fill out forms; very few are able to correctly analyze an immigration case. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.
Our attorneys are completely dedicated to the field of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an “A+” with the Better Business Bureau.
Hire us, and we will get it right the first time!
- Top-Rated Attorneys
- Committed To Your Success
- Flat-Free Pricing
- Flexible Interest-Free Payment Plans
- Case Status 24/7
Some other notable reasons are:
Value. At Higbee & Associates, we believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Higbee & Associates, you will never be surprised when you see your bill.
Technology. We use the most current cutting edge technology and legal resources to help us complete our cases more quickly, efficiently, and correctly the first time. We have access to all the latest decisions that impact immigration law, and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in at any time to view information on their case, detailing every step taken by our firm on your behalf. With Higbee & Associates, you will never be left wondering, “What is my attorney doing?”
Personal Service. At Higbee & Associates, providing high quality customer service is our top priority. We take our clients seriously, listen to their concerns, and advise them accordingly. We answer all phone calls and emails promptly, and treat our clients with the highest level of respect and professionalism.
Call 855-519-3969 for your attorney consultation now!
I married in a state where same-sex unions are allowed. However, I have moved to a state that does not recognize same-sex marriages. Can we still apply for immigration benefits
Yes, as long as you are legally married in a state that recognizes same-sex marriage. The new Supreme Court ruling has allowed the federal government to treat all marriages equally. Since immigration is governed by federal law, immigration benefits will now be given to same-sex couples, no matter where you reside.
I married my partner abroad in a country that recognizes same-sex marriage. Will the United States recognize that marriage for immigration purposes?
Yes, as long as you are legally married in a country that recognizes same-sex marriage. The new Supreme Court ruling has allowed the federal government to treat all marriages equally. Since immigration is governed by federal law, immigration benefits will now be given to same-sex couples, no matter where you reside.
How do I know if I qualify for immigration benefits?
Immigration law still remains as one of the most complex areas of law. Determining your eligibility depends on many factors, such as your manner of entry into the United States, any past immigration history, past criminal history, and the length of your stay in the U.S. The Law Firm of Higbee & Associates has created a state-of the art eligibility test in order to determine all immigration benefits you may be eligible for. To find out your eligibility, please give us a call at 855-519-3969.
Are you able to help clients nationwide?
Absolutely. Higbee and Associates specializes in serving clients nationwide and worldwide. We have state-of-the-art technology allowing us to effectively communicate and keep our clients informed of every step taken with their case. Our clients are able to log-in to our website and view real-time case status updates, complete questionnaires, check off documents that have been submitted, and view notes made by their attorneys. Our clients love that they are able to see what steps have been taken with regards to their case and any future steps necessary for completion. We also regularly Skype with our clients who may want a face-to-face meeting who otherwise do not have the time to visit one of our offices. At Higbee and Associates, we are able to do things differently – which our clients appreciate.
Is same-sex marriage legal in the state of California?
Yes. Gay and lesbian couples can now get married in California. On June 28, the Ninth Circuit Court of Appeals lifted its stay of the historic District Court decision that ruled Proposition 8 unconstitutional.
I married in California before Proposition 8 passed. Is my marriage still recognized?
Yes. Marriages that occurred before Proposition 8 are valid. California first began issuing marriage licenses to same-sex couples on June 16, 2008. The issuance of those licenses was halted on November 5, 2008 due to the passage of Proposition 8, a state constitutional amendment barring same-sex marriages. On June 27, 2013, the granting of same-sex marriages recommenced after the United States Supreme Court decision in Hollingsworth v. Perry declaring Proposition 8 as unconstitutional.
Will immigration benefits be given to those who hold civil unions or domestic partnerships?
No. Those who hold civil unions or domestic partnerships must legally get married in a state that allows same-sex marriage. Only then will the federal government recognize the marriage.
Which states recognize same-sex marriages?
Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Utah, Virginia, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.
Which countries allow same-sex marriages?
Argentina, Belgium, Canada, Denmark, France, Iceland, Luxembourg, Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, United Kingdom, Uruguay, as well as certain jurisdictions in Brazil and Mexico.
Do I need to be a resident of a state to get married in that State?
I have a civil union from another state. Can I still get married in a state that recognizes same-sex marriage?
Yes, as long as you are marrying the same person. If you are marrying a different person, you will need proof that your civil union ended (i.e. death, dissolution, divorce, or nullity).
I am in a State Registered Domestic Partnership. Can I still get married in a state that recognizes same-sex marriage?
Yes, as long as you are marrying the same person with whom you are registered as a Domestic Partner. If you are marrying a different person, you will need proof that your domestic partnership ended (i.e. death, dissolution, divorce, or nullity).
What documents do I need to get married?
In most states, both parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date. Some states and counties may also require a copy of your birth certificate. If you have previously been married you will need to know the date your last marriage ended and how it ended. You may also be required to present a final judgment of the dissolution.