Same sex marriages and immigration service

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Green Card applications for couples in a same-sex marriage are handled in exactly the same manner as those for heterosexual couples. This means that same-sex spouses and their children are entitled to apply for a Green Card just the same as the main applicant. Fundamentally, it is important that the applicant got married in a country where same-sex marriage is recognized by US law as a legal marriage.

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After many years of disappointments, Gay and lesbian couples will finally be able to file for their same-sex spouse. When the Supreme Court removed a portion of federal law that denied federal benefits to legally married same-sex couples, it simultaneously opened the pathway for legalization for hundreds of thousand of illegal gay alien. Napolitano opined, "Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.

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If you are a United States citizen, and you have a same-sex partner who is not, or if you are an LGBT person who wants to emigrate to the U. Untilsame-sex couples were not given the same legal rights as heterosexual couples. The Defense of Marriage Act DOMA had prohibited the federal government from giving same-sex couples the same benefits as heterosexual couples.

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L-1 Visas for High Level Workers. O-1 Entertainment Visas. EB-5 Eligibility Requirements. EB-5 Regional Center.

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Can lesbian and gay married couples apply for a green card if one partner is a U. The short answer: yes! The U.

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Citizenship and Immigration Services, or USCIS, to recognize that a same-sex marriage between a citizen or Lawful Permanent Resident and a noncitizen valid in the state where it was celebrated is sufficient to confer immigration benefits. Under DOMA, federal agencies such as USCIS were required to define marriage as a union between one man and one woman, preventing same-sex couples from accessing more than 1, federal programs and benefits available to opposite-sex couples. While sponsorship for immigration visas is an important benefit and is critical for preserving family unity, it is not the only federal benefit to which LGBT binational families now have access.

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Same-sex marriages are legal in the State of California. This means that immigrant spouses in the same-sex couples can now become lawful permanent residents of the United States and obtain a Green Card because of their marriage to the U. To that end, effective immediately, I have directed U.

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General information, such as that provided below, does not constitute individual legal advice nor is it meant to take the place of individualized legal advice; however, we do hope to answer some of the questions we hear most often. You should always consult with a qualified immigration attorney about the individual facts of your case before making any decisions about your particular situation. The U. DOMA was a federal law that limited marriage to different-sex couples.

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Same-sex immigration policy in the United States denied couples in same-sex relationships the same rights and privileges afforded different-sex couples based on several court decisions and the Defense of Marriage Act DOMA until the U. Windsor on June 26, HowertonF.

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Suite Miami, Florida DOMA defined marriage as between one man and one woman. As a result of this decision, same-sex married couples have the right to petition for the same immigration benefits offered to heterosexual couples.

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