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Transgender and Nonbinary Immigration

Transgender and Nonbinary Immigration

By Henry Lim

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Immigration is complicated, but there are ways to immigrate depending on your unique circumstances. For transgender and nonbinary migrants, the persecution and displacement that comes from extreme bias forces them to look for a home elsewhere. Keep reading for more information regarding immigration options, asylum, and opportunities for nonbinary and transgender immigrants.

Immigration Options

For single trans and nonbinary migrants, education, business, and temporary work visas are potential options for legal immigration.

Student Visas

If you are a student and want to attend university in the United States, a student visa is a great way to visit the United States, get an education, and possibly get a job at an American company.

There are two types of visas available for students:

  • Academic (F-1)
  • Vocational (M-1)

F-1 visas allow you to study at a college or university in an effort to acquire a degree, diploma, or certificate. To qualify, you must be enrolled in an accredited college with an international student study program that the government approves.

M-1 visas give you the freedom to study a vocation through apprenticeships or trade schools. You need to be registered for a training program, and your time in the U.S. should be spent learning the vocation you applied for.

Employment Visas

Your employer may sponsor your move to the United States through an employment visa. Form I-140 is a petition for a visa that your employer must complete and submit. In addition to the petition, you’ll need a labor certificate from the Department of Labor in order to work and live in the United States.

There are temporary work visas that allow immigrants to work a seasonal job or contracted position for a limited period of time. Permanent visas are also available for those who want to permanently live and work in the United States.

Marriage and Family Visas

If you are married or related to a U.S. citizen, you may be able to apply for a marriage or family visa. Several family visa options are available, and immigration officials will need verification of your relationship with your loved one. In general, immediate family members have fewer steps to follow to get a visa, but the process is still complicated.

Marriage/fiancé visas require documentation and a formal interview with an immigration agent. This interview is used to determine whether the marriage is sincere or fake. The agent will ask questions related to your relationship, and it may be helpful to bring documentation to back up your relationship. LGBT couples can also apply for marriage visas, and the process is the same.

Protect Your Rights During Immigration

Gender and sexual orientation are still volatile topics in the United States despite the legalization of gay marriage and publicly recognizing trans and nonbinary people. Extreme bias exists everywhere, and it can be challenging to defend yourself during the immigration process as a member of a marginalized group.

If you want to immigrate to the United States, contact an attorney. Lim Law, P.A. has served clients in Florida for over 20 years, and he has experience working with LGBT immigrants searching for a new life in the United States.

As an immigrant himself, Attorney Henry Lim understands the immigration system on a personal level and can provide support throughout the process. You have rights that should be protected during immigration, and Lim Law, P.A. can help.

Schedule your consultation with our legal team today. Legal services are available in English and Spanish.

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