Good news for couples in same-sex relationships: on June 26, 2013, the U.S. Supreme Court held Section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. One consequence of the Court’s ruling is that same-sex marriages are now recognized as valid for U.S. immigration purposes provided that those marriages are legally valid where the occur. USCIS will review immigration visa petitions and apply the same immigration laws filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. USCIS will not deny an application or petition based solely upon the same-sex nature of the marriage.
Foreign nationals in a same-sex marriage who are married to United States citizens or lawful permanent residents may be sponsored for green cards or may be included as a derivative in their spouse’s family or employment-based green card applications, asylum and other non-immigrant applications. Petition for fiancé or fiancée is also available to those who reside abroad as long as all other immigration requirements are met.
Our office is an experienced immigration law firm that handles a wide array of United States immigration applications and petitions. Our expertise in handling such matters, including same-sex relationship based applications and petitions has successfully brought our clients to achieve their American dream.