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Gay marriage and immigration

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 looking for to qualify for a visa, permanent resident leafy 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 Proceed (DOMA) that narrowly defined marriage as only a union between a dude and a woman. Now, as a same-sex married couple you will be treated exactly the alike 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 homosexual spouse of a kid 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

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 Behave (DOMA) was unconstitutional, USCIS began acknowledging gay marriage for immigration purposes. Martin Law was among the first rule firms in the country to earn approval of Marriage Visas and Fiance Visas for similar sex relationships.

Since that time, we contain helped many equal sex couples either immigrate to the United States or adjust status from within the U.S. based on their marriage or engaged status. The identical 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 similar sex, you may file a fiancé or fiancée petition for him or her. As extended as all other immigration requirements are met, a gay engagement may let your fiancé to enter the Unite

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; sense that so drawn-out 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 lgbtq+ couples to wed is constantly altering, some couples may have many complicated legal situations. However, thanks to the recent Supreme Court ruling striking down section 3 of DOMA; same-sex binational couples have numerous avenues for immigration relief:

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

    Gay Marriage and Immigration

    California Attorneys Handling Same-Sex Couples’ Immigration Matters

    Our office has been at the forefront of assisting LGBT immigrants for over 15 years. We possess zealously advocated for gay, sapphic, bisexual and transgender immigrants and their families in order to keep families together and shield refugees. Our work on behalf of LGBT immigrants has been covered by California Lawyer Magazine, the BBC, the San Francisco Examiner, and KALW Public Radio.

    We have handled thousands of marriage-based petitions and CIS marriage interviews. There is no longer any legal impediment to obtaining immortal residence based on a lgbtq+ marriage, and we have assisted countless gay and lesbian couples with the immigration process.

    Our attorneys at Wiley & Jobson are committed 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.