SPECIAL CONSIDERATIONS IN K-1 VISAS AND LGBT CLIENTS
Representing clients in K-1 visa processing often requires legal skills, cultural understanding, and patience with clients who are eager to complete the process in the quickest manner possible. For lesbian, gay, bisexual, and transgender (LGBT) clients, there could be the added fear of whether the family-based immigration process could put the foreign national’s life in danger. Such dangers to be considered include whether same-sex relationships are criminalized in the home country of the foreign national or the possibility of a violent or harmful reaction by the foreign national’s family, clan, or society. Given these dangers, it is my job to keep clients safe and to navigate consular processing cases in the most safe and efficient way for the clients.
For a client who is reluctant and even fearful to complete the K-1 process in his or her home country, third country processing remains a viable option (this exists for I-130 immigrant petitions as well). Despite the change in administrations, there has been no indication that that third country processing has been limited or terminated as to LGBT foreign nationals.