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Success Stories: Permanent Residence Granted to Transgender Filipina based on marriage to her U.S. citizen spouse

Photo by Alexander Grey on Unsplash. A marriage-based green card grants permanent residency to the spouse of a U.S. citizen or green card holder allowing them to live and work in the United States. Find out what documents are required to prove your bonafide marriage for a green card application.

We recently received an approval for an adjustment of status application, which is the process to obtain permanent residence, filed at USCIS on behalf of a transgender couple who are activists in their community and it was granted without an interview. Congratulations to our clients!

Our client initially entered the U.S. on a work visa and had overstayed. Although she had lived in the U.S. without lawful status for many years and had worked without authorization during this time, she still qualified to adjust to lawful permanent resident status because the law provides an automatic waiver for an overstay and unauthorized work for those adjusting based upon an immediate relative petition. Immediate relatives eligible for this waiver are spouses of U.S. citizens, children under 21 who have a parent who is a U.S. citizen, or parents of U.S. citizens over 21 years of age. This exception is only for these relationships. Note that this waiver does not exist for these same relationships if the petitioner is a lawful permanent resident.

Since the 2013 repeal of the discriminatory Defense of Marriage Act, marriage-based U.S. immigration benefits have been available to both same-sex and opposite-sex couples. We understand there may be concerns specific to LGBTQ couples and we are here to guide you through them. We have more than a decade of experience with family based immigration and have successfully assisted couples in non-traditional marriages with their permanent residence applications. Please contact us to set up a consultation to see how we can help. Follow us on InstagramTwitterFacebookLinkedIn and Tumblr, for up-to-date immigration news. Please note that past results do not guarantee future outcomes.

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Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
Contact us at
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This website and blog constitute attorney advertising. Do not consider anything on this website or blog legal advice as the law is dynamic, particularly in the immigration field and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.