Legal Question in Immigration Law in Minnesota

Re: gay marriage benefits

Unfortunately, no; the immigration laws do not recognize same-sex marriages so you will not be able to obtain any benefit by your marriage. Is the reason you want to remain here because of your sexual preference? I know that it is dangerous for homosexuals in many areas of Mexico, especially native born Mexicans. Have you experienced persecution as a result? If you have, and you are afraid of returning, you may have another option. You can file for asylum, or protection of withholding if you have a good case. In other words, you would need evidence of past persecution, and a well-founded fear of future persecution. I have handled homosexual asylum cases from Mexico. It is helpful if you can show that you have been physically abused, etc.

Another option would be to find someone to sponsor you, either family or employer. With an employer, once a labor certification is filed and approved, he or she can proceed on to petitioning for your residency. The only inconvenience would be you must return to Mexico to consular process. If you are not a criminal, you would only require a waiver for unlawful presence and you are back in the U.S. Can't tell you how long it takes because it always varies. That's the best I can do with no additional facts here, okay. Good luck.