Immigration to the U.S. from Spain
I have a friend that is currently a Spanish citizen and would like to become a US citizen. She is currently dating a guy here in the states and was curious as to whether simply marrying him would suffice in granting her US citizenship. Ordinarily that would be an easy answer but the complication here is that she is actually a transexual. What are the laws concerning this issue? My understanding is that this may actually be considered a "same sex" marriage, which is actually legal and recognized in several states but citizenship is a federal matter - not a state issue. Any advice would be greatly appreciated.
Re: Immigration to the U.S. from Spain
USCIS does not recognize same-sex marriage for the purposes of immigration benefits. Your friend will have to find a different way to emigrate to the US (work, perhaps?).
Just as an FYI though, marrying a US citizen does not grant citizenship automatically. First, the immigrant and spouse would have to apply for the immigrant to become a permanent resident. THEN after a certain period of time , the immigrant may apply to become a US citizen.
Re: Immigration to the U.S. from Spain
What is your take on the recent policy memorandum issued on April 10, 2012 that permits transgender people to change their gender designation on their immigration documents so long as they have a signed doctor's affidavit stating that they have had "appropriate clinical treatment." You can find it here:
http://www.uscis.gov/USCIS/Outreach/...nder_FINAL.pdf
I am no lawyer but it looks promising at least....