When same-sex marriage became legal in the U.S., many LGBTQ+ couples felt hope, especially those dealing with immigration. However, even after the Supreme Court struck down the Defense of Marriage Act (DOMA), problems remain. Some couples have not gotten married, and immigration laws do not always protect LGBTQ+ people equally.
Here is how these issues affect people in Louisiana and what LGBTQ+ immigrants need to know today.
Marriage-based immigration rights
Since 2013, U.S. citizens and green card holders have been able to sponsor their same-sex spouses. This lets their spouses apply for permanent residency. This has helped many LGBTQ+ couples stay together after getting legally married.
However, this only works for couples who are married. Some partners cannot safely marry, while others do not want to. Without a legal marriage, they lose access to basic immigration protections.
Permanent partners still in limbo
The Uniting American Families Act (UAFA) aimed to create a pathway for permanent partners. These are long-term, committed couples who are not married. Through the said act, they can stay together legally. Unfortunately, Congress never passed the law. Thus, the system still leaves out these couples.
In Louisiana, many LGBTQ+ couples live together as partners. However, they cannot apply for a green card unless they marry. This leaves them at risk of facing removal from the country.
LGBTQ+ asylum and safety concerns
Some LGBTQ+ immigrants flee home to escape violence, discrimination or threats. U.S. asylum law does offer protection based on sexual orientation or gender identity. However, getting asylum can be very hard. Many asylum seekers face long wait times, fear, and few support services. Some live in detention centers or struggle without legal help.
Planning and getting help
If you’re in a same-sex relationship and worried about your immigration status, do not wait to get support. Local LGBTQ+ groups, doctors and mental health providers can help with emotional needs. An immigration lawyer may explain your rights and help you find the best path forward under Louisiana law.
Knowing your options—and knowing you are not alone—can bring peace of mind in a stressful time.