Following the U.S. Supreme Court’s ruling that section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, same-sex spouses now enjoy equal immigration benefits as opposite-sex couples. This landmark decision means that consular officials must treat same-sex marriages equally when it comes to immigration matters, including derivative visas for employment, education, and other purposes. As a result, same-sex spouses can petition for their foreign partners just as opposite-sex couples can, marking a significant step forward for family immigration and equality.
In addition to benefiting spouses, this ruling extends protections to children from same-sex marriages. Stepchildren from these marriages now qualify for derivative status visas, just like stepchildren from traditional marriages. This ensures that children, regardless of their parents’ gender, can remain united with their families through the immigration process. Similar to the Child Status Protection Act, which ensures that children don’t lose immigration eligibility due to age, this ruling further strengthens the commitment to family unity in U.S. immigration law.
Moreover, the ruling complements other reforms such as the repeal of the widow penalty. Now, if a U.S. citizen in a same-sex marriage passes away before the two-year mark, their spouse and stepchildren are still eligible to apply for a green card, just as opposite-sex spouses would. These changes highlight a broader trend toward more inclusive and compassionate family immigration policies, ensuring that families are kept together, regardless of their structure or circumstance.
Below are answers to frequently asked questions about immigration for same-sex couples. If you need personalized advice or have specific questions, don’t hesitate to contact an immigration attorney in Los Angeles at Hanlon Law Group, P.C. You can reach out by calling (800) 976-5675 or by sending us an email. Our attorney is skilled in assisting same-sex couples with their immigration concerns.
Frequently Asked Questions
No. If the marriage is recognized as legal in their home country, same-sex couples are considered married by U.S. embassies and consular officers. They can choose to live anywhere in the U.S. once they receive a visa.
No. For immigration, a partner is recognized as a spouse only if the couple legally married in their native country.
Yes. Engaged same-sex partners can apply for K-1 fiancé(e) visas, similar to opposite-sex couples, by submitting a Form I-129F, Petition for Alien Fiancé(e) to the USCIS. If all requirements are met, the foreign same-sex partner can use the K-1 visa to enter the U.S. and marry the U.S. citizen within 90 days of visa issuance.
The process typically begins by submitting Form I-130, Petition for Alien Relative to USCIS with the necessary documentation and fees. USCIS officials will then review the application for eligibility, possibly requesting additional documents, biometrics, or interviews.
No, the nature of your relationship was not the cause of the visa petition denial. The denial letter should clarify the exact reasons for the rejection and provide options for an appeal. Common reasons for visa petition denials include failing to meet eligibility requirements, not providing necessary documentation, missing the interview, or presenting a national security risk.
If you’re unsure about the denial reasons or want to explore immigration options for a foreign same-sex partner, contact our Los Angeles immigration attorney at Hanlon Law Group. We’re dedicated to understanding legal changes and offering top-notch legal services throughout your case.
Same-sex couples may encounter unique challenges, such as proving the validity of their marriage or overcoming previous visa denials due to DOMA. Our attorneys in Los Angeles are well-versed in addressing these issues, providing personalized legal strategies to help couples navigate the immigration process successfully. Reach out to us for more comprehensive information about your case.
For more details about immigration for same-sex spouses and their children, reach out to a Los Angeles immigration attorney at Hanlon Law Group, P.C. Our attorney has over two decades of experience in resolving various immigration issues. We prioritize efficiency, effectiveness, and personalized service. Trust Hanlon Law Group to guide you through every step of your case. Call (800) 976-5675 or email us for a free and confidential consultation. We offer services in multiple languages, including Spanish, Mandarin, Cantonese, Vietnamese, Korean, Japanese, Bahasa Indonesian, Tagalog, and Fukienese.
From our office in Pasadena, we serve clients in Los Angeles, throughout California, and worldwide.
Additional Information in Los Angeles
Contact the Experienced Los Angeles Immigration Lawyer at Hanlon Law Group, P.C.
The trusted Los Angeles immigration attorney at Hanlon Law Group, P.C. is waiting to speak to you, find out more about your immigration needs, and explain your options. Having handled countless professional visa applications for foreign professionals and U.S. employers, our lawyer has the experience and insight you can count on for exceptional service and representation.
Our experience, skills and dedication to our clients are backed by the following, which all of our clients can expect to receive:
You don’t have to pay us anything to discover more about how we can help you and what you need to do to resolve your employment-based immigration needs.
The attorney at Hanlon Law Group, P.C. will oversee your case from start to finish. This can provide peace of mind that your case will not be passed off to a non-lawyer associate, or to someone who is not intimately familiar with your case.
Our cutting-edge system facilitates the visa petition process, while providing clients with real-time case information about the status of their petition, PERM certifications, etc.
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