Same-Sex Immigration and Visas
Legally married same-sex spouses can apply for the same immigration benefits as opposite-sex spouses if the marriage was performed in the United States or country where it is legally recognized.
In June 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. In June 2015, the Supreme Court ruled that same-sex couples can marry nationwide. The Department of State, which is responsible for the US Embassies and Consulates abroad, will issue derivative visas (F2, J2, etc.) for legally married same-sex spouses and minor children. The Department of Homeland Security which oversees the immigration services inside the US has also stated that legally married same-sex spouses can apply for the same immigration benefits as opposite-sex spouses if the marriage was performed in a state or country where it is legally recognized. (This means that even if you currently reside in a state that does not recognize your marriage, if the marriage was performed where it is legal, the federal government will recognize it for immigration purposes.) If a US citizen (or US Permanent Resident) wants to sponsor her/his same-sex spouse for legal permanent residence, s/he can do so. For more information: https://www.dhs.gov/topic/implementation-supreme-court-ruling-defense-marriage-act
We recognize the unique immigration challenges facing LGBTQ international students who wish to bring their partner or their partner’s children to the U.S. but have not had the opportunity to legally marry. While your unmarried partner and his/her children, under current immigration law, are ineligible for F-2 or J-2 status, there may be alternative routes to help your partner accompany you to the United States. We recommend you consult the advice of experienced immigration lawyers who have worked with LGBTQ internationals for the best guidance for your specific situation.
Videos
From Office of the High Commissioner for Human Rights. About LGBT rights as basic human rights.
https://youtu.be/5-_kzl-_mrg
International Blogs and Articles
Immigration International Resources
We recognize the unique immigration challenges and barriers facing LGBTQ international students who wish to bring their partner or their partner’s children to the U.S. during their time as F-1 or J-1 students. While your partner and his/her children, under current immigration law, are ineligible for F-2 or J-2 status, there may be alternative routes to help your partner accompany you to the United States. This might include having your partner utilize B2 visitor visas, find employer sponsorship for an H-1B, or looking at other potential work visas. Our office is able to give advice and information on applying for an extended B2 visitor visa. For work visas, we are unable to provided detailed assistance and recommend you consult the advice of experienced immigration lawyers who have worked with LGBTQ internationals for the best guidance for your specific situation.
For detailed US Citizenship and Immigration information, visit the following two links:
US Citizenship and Immigration Services
US Department of State
For helpful information on immigration for LGBT individuals, visit the following link:
GLAD (Gay and Lesbian Advocates and Defenders)
For information on immigration, transgender issues, binational couples, and seeking asylum due to your
sexual orientation or gender identity, visit Immigration Equality’s website:
www.immigrationequality.org
This is an accordion element with a series of buttons that open and close related content panels.
Asylum International Resources
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.
LGBTQ-Specific International Resources
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
LGBTQ Abroad: Study/Travel Abroad Resources
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
Amnesty International Outfront
Choose any country on this interactive map to see the laws and general climate for LGBTQ individuals in that country. A great resource!
http://www.amnestyusa.org/lgbt-human-rights/page.do?id=1011002
http://apps.carleton.edu/curricular/ocs/diversity/LGBT
ILGA is an international organization of groups to promote equal rights for LGBT populations. Country profiles and articles about legal and political LGBT events are available on this website.
www.ilga.org/
Provides links to international LGBT networks, articles, and other resources for LGBT study abroad participants.
http://www.rainbowsig.org/