The US Supreme Court has decided that gay and lesbian couples can legally marry in the U.S. and that the Defense of Marriage Act (DOMA) was unconstitutional in United States v. Windsor. DOMA only recognized marriages between a man and a woman for purposes of federal benefits including immigration benefits. As a result of the Supreme Court decision, the Department of Homeland Security allows lesbian and gay spouses to sponsor their spouse for a green card or permanent residency under federal U.S. immigration law.
Lesbian and gay couples can now file for the following visas where suitable:
- Legal permanent residency based on gay and lesbian marriage
- Spousal Immigrant visas (processed at the U.S. consulate abroad)
- Fiance or Fiancee visa petitions
- VAWA self-petitions as abused spouse of a same-sex USC or LPR spouse
- Following to join petitions for spouses joining an immigrant who has just received their green card through employment or through another family member.
- Same sex spouses of non- immigrant visa applicants (F-2 visa for same sex spouse of an F-1 visa holder).
- Eligibility to file waivers such as I-601A 3 or 10 year bar, misrepresentation, and criminal waivers of inadmissability that need a qualifying spouse as a relative to apply;
- Visas for step-children created by gay marriages, etc.
Contact us today: If you have questions about your case or need help to file your immigration petition, please contact our law offices to speak to our attorney.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established