Dream Law is excited to offer congratulations to the LGBT community on an amazing human rights victory. On June 26, 2013, the Supreme Court struck down Section 3 of the Defense of Marriage Act (“DOMA”) that prevented same-sex couples from obtaining federal immigration (and other) benefits. This is extremely exciting since same-sex couples now receive the same immigration benefits as other couples have, such as permanent residence through marriage.
Prior to Section 3 of the Defense of Marriage Act being struck down on June 26, 2013, U.S. Citizens or lawful permanent residents who were in a same-sex marriage to foreign nationals were unable to sponsor their spouse under a family-based immigrant visa. However, since Section 3 of DOMA was struck down, President Obama directed federal departments to enforce its implication for federal benefits for same-sex legally married couples immediately.
At Dream Law, we are proud to therefore be able to offer our services in obtaining green cards for any U.S. Citizen or lawful permanent residents who are in same-sex marriages to foreign nationals. Your application will be determined based on the relevant immigration law and will not be denied as a result of the same-sex nature of your marriage.
We are also proud to be able to offer our firm’s services in obtaining a fiancé visa for U.S. Citizens who are in a same-sex relationship. Contact us today to determine whether you satisfy all the eligibility criteria. Please note that you application will not be denied as a result of the same-sex nature of your anticipated marriage.
What if I am married in a U.S. state or foreign country that recognized same-sex marriage, but we now live in a state that does not. Can I still acquire an immigrant visa for my spouse?
Generally speaking, yes. Immigration law considers the place where the marriage was celebrated to determine whether the marriage is legally valid for immigration purposes. State laws where you live at present will not have a bearing on whether USCIS will recognize the marriage as valid.
Is there a wait time or a deadline to apply for same-sex immigration applications?
No, there is absolutely no wait-time or deadline. You may contact us at your convenience to get started on your application today.
Can same sex marriages like opposite sex marriages, reduce the residence period required for naturalization?
Yes. Generally speaking, one of the requirements to qualify for naturalization is a residency period of five years in the United States. However, under immigration laws, if a candidate for naturalization has been living in the United States for at least three-years and has been living in marital union (remained in a bona fide good faith marriage), naturalization is available after a residence period of only three-years instead of five-years. For the residency requirements for naturalization therefore, same-sex marriages will be treated the same as opposite-sex marriages.