LGBTQ Visa/International Resources

Under current federal immigration law, same-sex married couples are eligible for dependent F2/J2 status.  However, unmarried partners (same-sex and opposite-sex) are not eligible for dependent F2/J2 status,

However, for same-sex partners, B-2 visitor visas may be issued for extended periods of time for life partners whose primary purpose in coming to the U.S. is to accompany the F1/J1 visa holder and who are otherwise eligible for a visa and do not intend to work.  According to DOS cable 2001 State 118790 July, 2001). AMDOC# 200206011, the B-2 classification can be available “for both opposite and same-sex partners. . . in increments of up to six months, for the duration of the principal alien’s nonimmigrant status in the United States.”
Summary of cable: http://travel.state.gov/visa/laws/telegrams/telegrams_1414.html

For additional information on applying for the extended B2 visa, contact ISS at iss@studentlife.wisc.edu.  Visit us during our walk-in advising hours for an advisor to assist you and/or your partner with the process.  ISS is able to provide a letter of support for your life partner’s application for the extended visa.

To our knowledge, it is likely that same-sex partners of US citizens would encounter great difficulty in obtaining the extended B2 visa for several reasons.  Ties to home country might be more questionable and intent to immigrate would be presumably higher.  According to the DOS cable, the B-2 visa extension is an option for partners of F1/J1’s “for the duration of the principal alien’s nonimmigrant status,” primarily because there is a fixed end to the F1/J1 student status.  A US citizen does not have “alien nonimmigrant status” with a fixed end to his/her status, so there would be no foreseeable end to the B2 visa extensions.  If you are a graduating F1/J1 student with a US citizen partner, you will need to consider alternative options such as OPT, H1B or marriage.

Sometimes. In general, boyfriends/girlfriends will not meet the requirements.  The extended B-2 visa for cohabitating partners (same-sex or opposite-sex) is meant for life partners for whom dependent status is not an option due to immigration law or extenuating circumstances.  Strength of relationship is one factor the consulate and USCIS will consider.  

In some circumstances, elderly parents, cohabitating nonimmigrant partners (opposite sex or same sex), and other household members of principal nonimmigrants (F1/J1) may be eligible for F2/J2 status.  In these circumstances, B-2 visa extensions can often be appropriate for these household members.  USCIS will consider extensions of B-2 Status for nonimmigrants “with whom the principal nonimmigrant maintains the type of relationship and care as one normally would expect between nuclear family members.”

See USCIS August 2011 Memorandum: http://www.uscis.gov/USCIS/Laws/Memoranda/2011/August/Cohabitating_Partners_PM_081711.pdf

However, B-2 visitor visas may be issued for extended periods of time for life partners whose primary purpose in coming to the U.S. is to accompany the F1/J1 visa holder and who are otherwise eligible for a visa and do not intend to work.  According to DOS cable 2001 State 118790 July, 2001, AMDOC# 200206011, the B-2 classification can be available “for both opposite and same-sex partners. . . in increments of up to six months, for the duration of the principal alien’s nonimmigrant status in the United States.” 

Summary of August 2011 USCIS Policy Memorandum on B-2 Status extensions: http://www.uscis.gov/USCIS/Laws/Memoranda/2011/August/Cohabitating_Partners_PM_081711

“Though B-2 visits are usually for short periods of time, it is permissible for the accompanying partner to intend to accompany the principal for the duration of the work assignment or study program in the U.S., such as 3 years on an H1B. The accompanying partner must intend to depart at the conclusion of the principal’s authorized stay in the U.S. In such cases there is a fixed end point, and therefore the B-2 applicant meets the requirement of temporary intent, even though s/he intends to stay longer than 6 months or a year.

Please note that, as with all B-2 applicants, it is still possible to be denied based upon abandonment of one’s foreign residence. Therefore, it is still necessary to document thoroughly one’s ties to the home country, to show that one will return at the conclusion of the principal’s stay. The cable notes that the strength and duration of the relationship will be a key point in this context; if the commitment is strong, presumably the couple will return home together. Please note that the B-2 applicant is subject to this ‘residence abroad’ requirement even if the principal may be in a category that does not have this requirement.

One obvious question that may arise is how a B-2 visa holder can stay for an extended period of time, when normally at the Port of Entry a B-2 is given a stay of six months. The cable suggests that an annotation be placed on the partner’s visa, to encourage the USCIS inspector to grant the maximum initial period of stay, which on a B-2 would be one year. An annotation on a visa is a brief note explaining the purpose of the travel, so in this situation it may say something like “accompany F-1 student [name of principal].” (The cable does not provide an example of an annotation.) Also, it is important for the B-2 partner to apply for extension/s of stay in the U.S., and the cable instructs Consular Officers to remind the applicant of this requirement.”
http://www.sfsu.edu/~oip/f1services/Travel/UseOfB2StatusForDomesticPartners.html,
Retrieved May 2, 2011.

We understand that for some individuals, returning to your home country as an LGBTQ individual may pose certain risks and dangers, and in some extreme cases, real threats of violence or death.  It is very difficult to obtain asylum due to sexual orientation.  However, we do know that individuals from certain countries have been successful at obtaining asylum.  In some cases, individuals have been granted asylum from countries in which homosexuality is legal, such as Poland, where threats and actions targeted at an LGBTQ individual were deemed serious enough to warrant asylum.

The most helpful information we have found on the asylum process can be found on Immigration Equality’s website under their Asylum tab:
www.immigrationequality.org

We do not have expertise in the asylum process and are unable to give detailed advice on this process. We recommend consulting the advice and guidance of an experienced immigration lawyer who has worked with asylum cases.  While we cannot offer legal advice or recommend specific lawyers, we can offer a listening ear and share what we do know.  You may visit an ISS advisor during walk-in advising.

If you have information that could be helpful to others in this situation, we’d like to know.  Finding, supporting, and coping with others in similar situations can help you examine options, gain perspective, and find hope in a challenging situation.  Please share helpful information with our office by email: iss@studentlife.wisc.edu, by phone: 608-262-3468, or in person.

Talking helps… UW’s University Health Care (UHS), while also not able to provide any legal advice, does offer counseling to students to help you cope with the stresses and challenges in all areas of your life.  If you would like to talk to a professional counselor at UHS about your concerns or anxieties about returning home, call (608) 265-5600.

As seeking asylum can be a very lengthy, often stressful and uncertain process, you might consider alternative routes to remaining in the United States either temporarily or permanently.  You might consider applying for OPT (Optional Practical Training) and seeking employment with a business willing to sponsor you for an H-1B Visa which could lead to options to gain permanent residency.

International Organizations:

Gays Without Borders 
Human Rights Watch GLBT Issues Commission 
Immigration Equality 
International Association of Lesbian & Gay Children of Holocaust Survivors 
International Gay & Lesbian Human Rights Commission 
International Gay & Lesbian Travel Association (IGLTA) 
International GLBTQ Youth & Student Organization (IGLYO) 
International Lesbian & Gay Association (ILGA)  
International Lesbian & Gay Cultural Network (ILGCN) 
International Resources for Transsexual People 
Lesbian & Gay Hospitality Exchange International (L/GHEI) 
OutFront: Amesty International’s LGBT Human Rights Commission 
Rainbow Educators Network 
Rainbow World Fund 
World OUT Games

LGBTQ International Research

Gerber/Hart Library
GLBT Religious Archives Network
HLIA-Homodok
Lesbian Herstory Archives
Magnus-Hirschfeld-Gesellschaft
ONE National Gay & Lesbian Archives
Schwules Museum, Archiv & Bibliothek

Thinking of studying abroad?  Whether you are a domestic student or an international student hoping to experience another culture during your time at UW-Madison, studying abroad and traveling internationally can enrich and broaden your university and life experience.

The following list provides resources to help you understand the LGBT climate of various regions and countries for students exploring study abroad or traveling options.  Talking with a study abroad advisor and asking yourself questions about what you’re hoping to gain from a study abroad opportunity can help you decide where to go.  Consider also what you need to feel safe, the level to which you want to be ‘out’ during your time abroad, and how you will negotiate different cultural norms and expectations around expressing sexuality and gender.  Gathering information and doing a little preparation beforehand can help you make the most of your time abroad.

International and Academic Programs at UW-Madison
https://www.studyabroad.wisc.edu/LGBT.html