Gay marriage and immigration

Gay Marriage and Immigration

California Attorneys Handling Queer Couples’ Immigration Matters

Our office has been at the forefront of assisting LGBT immigrants for over 15 years. We have zealously advocated for gay, queer woman , bisexual and trans immigrants and their families in direct to keep families together and safeguard refugees. Our function on behalf of LGBT immigrants has been covered by California Lawyer Magazine, the BBC, the San Francisco Examiner, and KALW Common Radio.

We have handled thousands of marriage-based petitions and CIS marriage interviews. There is no longer any legal impediment to obtaining lasting residence based on a same-sex marriage, and we contain assisted countless homosexual and lesbian couples with the immigration process.

Our attorneys at Wiley & Jobson are pledged to standing up for the rights of all individuals and couples in immigration matters. To learn more about gay marriage and immigration issues, contact our law firm.

Same-Sex Marriage Immigration

Even after some states legalized gay marriage, the federal immigration system did not acknowledge gay marriage for the purpose of immigration status in the U.S. the same way it did for heterosexual marriages.

But after the Supreme Court holding that Section 3 of the Defense of Marriage Operate (DOMA) was unconstitutional, USCIS began noticing gay marriage for immigration purposes. Martin Law was among the first regulation firms in the country to earn approval of Marriage Visas and Fiance Visas for identical sex relationships.

Since that time, we possess helped many identical sex couples either immigrate to the United States or adjust status from within the U.S. based on their marriage or engaged status. The similar rules apply for gay or heterosexual marriages:

1. If you are a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national, you can file an immigrant visa petition.

2. If you are a U.S. citizen who is engaged to be married to a foreign national of the matching sex, you may file a fiancé or fiancée petition for him or her. As prolonged as all other immigration requirements are met, a gay engagement may authorize your fiancé to enter the Unite

Same-Sex Marriages and Immigration

Do I Qualify for Family-Based Immigration Benefits Based on My Same-Sex Marriage?

Yes. There is wonderful news if you are a member of a queer couple who is searching to qualify for a visa, permanent resident lush card, or other family-based immigration benefits. In 2013, the Supreme Court in The United States v. Windsor struck down a section of the federal Defense of Marriage Execute (DOMA) that narrowly defined marriage as only a union between a gentleman and a woman. Now, as a same-sex married couple you will be treated exactly the identical as a heterosexual couple for the purpose of immigration. The Court held that otherwise, it would be an unconstitutional deprivation of your protected liberty interests under the Fifth Amendment of the U.S. Constitution.

This means that if you are a U.S. citizen, you may now sponsor your same-sex spouse and stepchildren for family-based immigrant visas by filing Form I-130. Additionally, if you are the queer spouse of a youngster or sibling of a U.S. citizen, you may also qualify for derivative immigrant status. The USCIS has been directed to treat a same-sex marriage as equal to a heterosexual marriage in

Same-Sex Marriage & Immigration

A person who is married to a U.S. citizen of the same-sex can qualify for immigration as an immediate relative of a U.S. citizen, regardless of the place of marriage or current place of residence. Under federal guidelines, USCIS will honor the ‘place of celebration’ when determining eligibility for immigration benefits for same-sex couples; essence that so long as the marriage was solemnized in a place where such a marriage is legal, USCIS will honor such marriages as valid.

As the landscape of states that do allow same-sex couples to wed is constantly changing, some couples may have many complicated legal situations. However, thanks to the recent Supreme Court verdict striking down section 3 of DOMA; same-sex binational couples include numerous avenues for immigration relief:

If a couple thatlives in a state that does not allow same-sex marriage, such as Texas, marries in a state that does allow lgbtq+ couples to wed, such as New Mexico, and the couple returns to their home express of Texas; the federal government, and thus the USCIS, will recognize the marriage for federal purposes, regar