Our Charlotte immigration law firm can assist your same sex marriage immigration case. Following the decision from the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same gender married couples are implemented swiftly. To that end, the Secretary of Homeland Security has directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same sex marriage spouse in the same manner as those filed on behalf of an opposite-sex spouse. This means that a U.S. citizen or lawful permanent resident in a same sex marriage to a foreign national can now sponsor the spouse for a family-based immigrant visa.
Same Sex Marriage and immigration matters
Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of your same sex marriage.
As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage, USCIS will apply all relevant laws to determine the validity of a same-sex marriage.
A U.S. Citizen who is engaged to be married to a foreign national of the same sex can also file a fiancé or fiancée petition for him or her.
For more information, schedule a consultation with the immigration attorney by calling our Charlotte immigration law office at (704) 644-7065 or email us at info@www.pardolawfirm.com