Paths to Legal Status

There are a variety of ways individuals may be able to obtain immigration relief or a path to lawful immigration status in the United States. Some of those include:

• Family-based sponsorship—which allows U.S. citizens and permanent residents to sponsor certain family members for permanent residence (“a green card”) in the United States
• Asylum—which can in some cases be available to individuals who have been persecuted or fear persecution in their home country. There are specific deadlines involved in applying for asylum. Some people who have not applied for asylum within one year of entering the United States, including some LGBTQ people, may qualify for an exception to this “one year filing deadline.” You can reach out to an immigration attorney about your specific circumstances to learn more.
• U Visas—for individuals who have survived certain types of crimes took place in the U.S. or that violated certain U.S. laws
• T Visas—for individuals present in the U.S. as a result of human trafficking
• Violence Against Women Act (VAWA) – for survivors of domestic violence perpetrated by certain relatives who are U.S. citizens or green card holders
• Special Immigrant Juvenile Status – which may in some cases be available for young people who have been abused, neglected, or abandoned by a parent
• Other pathways may be available in some circumstances.

Please note that there may be multiple requirements associated with each of these avenues. The pros and cons of pursuing one will depend on an individual’s specific circumstances. To learn more about any of these options or decide whether they are right for you, you should consult with an immigration attorney.

Family Protections

Like all families, immigrant families with children should have a plan about who would care for their children in an emergency. Plans could include ensuring that all information and emergency contacts are up to date at your children’s school(s), including who can and cannot pick up your children.

There are different temporary custody forms which you may want to consider filling out now in case you are detained in the future. In Massachusetts, a Caregiver Affidavit Authorization gives the person you choose the right to make decisions about your child’s health and education for up to two years. A Temporary Agent Authorization gives the person you choose many of the powers that a parent has, for up to sixty days.

You may also want to meet with an attorney to designate and document someone you trust with Power of Attorney to make financial, legal, or childcare decisions in your absence.

More information on how to create a plan for your family is available through:

• National Immigrant Justice Center
• Mass Legal Help (For Massachusetts residents)

GLAD Law has resources for general questions (not specific to immigration) related to LGBTQ families, including marriage and parent-child relationships. This information is not legal advice, and you should consult with an immigration attorney if you have questions about how your immigration status impacts the protections available for your family.