As of the writing of this article, U.S. Immigration law does not recognize gay marriages for immigration purposes. However, transgender marriages are viewed differently.

A noncitizen who marries a United States citizen (“USC”) or lawful permanent resident (“LPR”) is eligible for adjustment of status. To do so, the USC or LPR spouse must file a petition on behalf of the noncitizen spouse. See INA §§ 201(b)(2)(A)(i), 204(a)(1)(A)(ii). Difficulties may arise, however, in the case of transgender marriages.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Vincent P. Martin, Minneapolis Immigration Lawyer | Attorney Advertising

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