Almost a hundred years ago, federal law restricted immigration for everyone who was not heterosexual. The law discriminated against the LGBTQ community from applying for immigration to the United States regardless of the situations they faced in their home country.
However, many Americans, including those who were also part of the LGBTQ immigrant community, worked relentlessly to create an equal and inclusive society with equal human rights for all people, irrespective of their sexual orientation. Military veteran and immigrant Henry Gerber formed the first LGBTQ organization in 1924 in Chicago. The organization was known as the "Society for Human Rights.”
You must undergo a medical examination for immigration, the same for all applicants regardless of LGBTQ status. You will not have to undress for the exam, and the genital area is not examined unless you later prove to have a sexually transmitted infection (STI or STD). In 2009, the US government discontinued HIV testing as a part of the immigration process. While you are asked about your HIV status, you will not be denied an adjustment in status or a visa, even if you are HIV positive. A designated US Civil Surgeon or uniformed public health officer will review your medical history and vaccination records.
You must allow the physician to review your and your partner’s (if you are immigrating with your partner) medical and vaccination history. Both of you must also consent to a mental and physical evaluation. You must also undergo medical tests to check for certain diseases of public health significance. Again, this entire process is the same for all applicants, regardless of LGBTQ status.
Supporting documents and evidence is also required for the green card application process. For a green card application as a married couple, you must provide documents to prove your marriage. Same-sex marriage has been considered legal in the US since 2015 and is treated as equal to heterosexual marriage; however, this subject may be reviewed and reversed by the United States Supreme Court in the near future.
You should strongly consider hiring a US Immigration lawyer to help you. Dr. Gordon’s office can recommend reputable immigration lawyers in the Kansas City area.
If you are unsure about the process for your medical examination for immigration, contact us for a consultation today. Dr. Steven Wittenberg Gordon’s office will be happy to help you.