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Gay Marriage and Immigration for Same-Sex Couples

The Supreme Court has found section 3 of the Defense of Marriage Act (DOMA) unconstitutional.

U.S. citizens and Permanent Residents are now able to sponsor their same-sex partners. Gay and lesbian citizens may file petitions to obtain visas for their fiances living overseas, and individuals already in the US may adjust their status to obtain permanent residency based on their marriage to a US citizen or permanent resident. Likewise, stepchildren acquired through same sex marriages can also qualify as beneficiaries or for derivative status.

Effective immediately, U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses. This means that the same sex spouse of a visa applicant coming to the U.S. for any purpose – including work, study, international exchange or as a legal immigrant – will be eligible for a derivative visa.

Our office defends marriage equality as it pertains to immigration rights and are now preparing marriage petitions for same-sex couples. We have handled marriage-based petitions for over 17 years and CIS marriage interviews and are looking forward to putting our expertise to work on behalf of same-sex couples.Immigrants who wish to seek permanent residence (a "green card") through a same-sex spouse are encouraged to seek legal advice prior to filing a petition with U.S. Citizenship and Immigration Services. We are dedicated to helping same-sex couples obtain lawful permanent resident (LPR) status and a path to U.S. citizenship.

To learn more about gay marriage and immigration issues, contact our offices.