Brazilian LGBTQIA + An American can apply for a Married Green Card Strange

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The United States has allowed same-sex marriage since 2015

The U.S. Supreme Court legalized same-sex marriage within the nation in 2015, forcing the Federal District of Columbia and 50 different U.S. states to situation marriage certificates to same-sex {couples} based mostly on the 14th Amendment, which ensures equality of all residents earlier than constitutional legislation.

Since that call, LGBT + {couples} within the United States have shared the identical privileges and rights as heterosexual {couples}. This consists of the appropriate of an LGBT + citizen or everlasting resident to sponsor their partner to acquire a marriage-based inexperienced card. U.S. residents can additionally sponsor trustworthy kids if the wedding occurred when the youngsters had been minors.

One of probably the most frequent conditions is Brazilians who wish to immigrate to the United States by marrying a pure American for advantages. However, they’re in a fully totally different case. Although a couple could also be legally reunited within the United States, this doesn’t imply that the foreigner can have a authorized immigration course of.

Anita Mignon, an legal professional for Migan legislation who makes a speciality of immigration and household, says many individuals assume that marriage is authorized, however this isn’t true. “But it does permit legitimacy, clearly, so long as the wedding is actual. It’s fascinating to notice that it is not sufficient to simply marry an American citizen, it is necessary and necessary to show and disprove it.”

A inexperienced card is a doc issued by the U.S. authorities that enables a foreigner to reside completely within the United States. It is offered by the United States Citizenship and Immigration Services (USCIS). A inexperienced card obtained via marriage permits a particular person to work and stay within the nation as a authorized everlasting resident.

In order for the method to run as easily as attainable, events ought to draft proof to deal with what’s related to immigration. In the method, there are apparently small particulars that should be ample for figuring out and approving the interview.

Anyone wishing to be a certified candidate for a marriage inexperienced card must be conscious that marriage should be legitimate for USCIS and should be a U.S. citizen or authorized everlasting resident.

Some foreigners married to an American could apply to the United States for adjustment of standing (a inexperienced card). Typically, that is the case for {couples} who’re already married and dwelling collectively within the United States. In such instances, the U.S. citizen’s associate submits a petition to USCIS and, on the identical time, adjusts the standing utility for a inexperienced card.

Getting a inexperienced card via the wedding course of is a totally different matter if the partner lives outdoors the United States. Here, the authorized everlasting resident information the suitable petition with USCIS. This petition should embody all the necessities that show the connection on the time of submission. Following this step, the beneficiary applies for an immigrant visa via a “consular course of”. It begins as quickly because the petition is permitted and is shipped to the National Visa Center to apply for an immigrant visa.

By fulfilling the readability necessities, the bureaucratic half begins, wherein paperwork, proof, varieties, and so on. are despatched. In addition, you’ll have to wait for the request to be permitted, which can take a while to simply accept, in addition to a course of that requires a lot of cash.

Documents shall be analyzed and, later, interviews shall be performed which can validate the wedding, together with questions in regards to the couple, whose info must be identified similar to: necessary dates, details about one another, their households and others.

USCIS legislation prohibits discrimination towards same-sex {couples}, nevertheless, typically newlyweds should not have all of the proof that USCIS would usually wish to see. The lawyer added that there are instances of asylum seekers who’ve been confirmed to be victims of bodily or psychological violence due to their sexual orientation.

“In current years, Brazil has turn out to be a very harmful nation for this group. Statistics reinforce this notion. The USA has lastly turn out to be a secure haven for folks to observe and respect their individuality, ”Anita highlights.

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