Lynn S. Olinger has assisted lesbian, gay, bisexual and transgender clients obtain immigration benefits for 15 years, using creative applications of immigration law. In 2013 immigration benefits became available to all married couples, after the U.S. Supreme Court dismantled DOMA (the “Defense of Marriage Act”) and Lynn’s clients were among the first same-sex couples in the Dallas–Fort Worth area to obtain marriage-based green cards and fiancé(e) visas.
The benefits don’t stop there. LGBT same-sex spouses have equal immigration “derivative” beneficiary rights, meaning as the husband or wife of someone who has a work visa, an investor visa, a diversity visa (the “green card lottery”), or asylum.
LGBT And Immigration “Extreme Hardship” Waivers.
A waiver is often required to forgive immigration violations such as a criminal conviction, fraud, and unlawful presence (typically from entering the U.S. without inspection). These waivers require proof of “extreme hardship” to the foreign national’s U.S. citizen or permanent resident spouse.
Specific and dangerous hardships exist for gay men, lesbians, bisexuals and transgender persons in a country with legal or cultural discrimination against LGBT persons. For people living with AIDS or the HIV virus, forced removal from the U.S. to a country with inadequate or substandard healthcare can be, literally, a matter of life or death.
Attorney Lynn S. Olinger’s ability to obtain immigration benefits, including waivers, for lesbian, gay, bisexual and transgender clients comes from her considerable experience with the LGBT community and with resolution of complex immigration issues.