Change of Consular Processing Venue for LGBTQ K-1 Visa Applicants Fearing Prosecution

In some countries, seeking an IV or K-1 visa to marry your same-sex partner in the U.S. could leave the applicant vulnerable to persecution or even criminal charges, making it unsafe for them to attend a consular interview in their “home” country. The applicant can also be ‘outed’ as an LGBTQ individual if the visa foil is annotated with the name of their same-sex U.S. citizen petitioner.

In such cases, it is possible to request a change of venue for consular processing of the immigrant visa. This request must be sent directly to the National Visa Center (NVC). The process of obtaining a change of venue for consular processing can be complex, and the American Immigration Lawyers Association (AILA) recently issued detailed guidance to all its member attorneys on exactly how to handle these cases.

If you or a loved one are seeking an IV or K-1 visa for a same-sex partner, it is strongly recommended that you work with an experienced immigration attorney. Contact Sverdloff Law Group today to learn how we may be able to assist you.