Note: This resource was published in July 2024. In 2025, the Trump Administration rescinded the informal marriage guidance for refugees and asylees discussed in the guide below and issued an Executive Order targeting transgender and intersex individuals. Some information in this publication is no longer up-to-date. IRAP is making this resource available for historical reference only. Please see IRAP’s webpage on Navigating Trump’s Second Term for newer resources and information.
IRAP and Immigration Equality share a new practice advisory for advocates representing LGBTQ couples in marriage-based family reunification to the United States.
The advisory covers the significant developments of the last several years that impact LGBTQ couples, including the reintroduction and expansion of an informal marriage exception for refugees and asylees, the use of virtual proxy marriages, and changes to standards impacting some parents reuniting with children. Legal practitioners can use the advisory to understand common challenges that LGBTQ couples may face meeting legal requirements, to gain practical tips related to evidence-gathering and navigating processes overseas, and to access helpful tools including a chart on common and alternative family reunification pathways and annotated template declarations. This advisory is also available as an appendix to IRAP’s updated Practice Guide on U.S. Immigration Law and Marriages Abroad.
You can view and download the Practice Advisory on Marriage-Based Family Reunification for LGBTQ Couples here or below.
This resource is intended for a legal practitioner and legal advocacy audience; it is provided for informational purposes only and does not constitute attorney-client advice. If you would like more general legal information about refugee resettlement in English, Spanish, and other languages, or to request help from IRAP, please use IRAP’s Legal Information website.
This resource is from July 2024. It is not being updated and does not reflect legal changes since publication. Please see IRAP’s Legal Practitioner Resources page for newer resources and additional information for legal practitioners.
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