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.
Related: Can Family Members Accompany U.S. Visa Holders? Understanding the Rules
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.
Possibly—the underlying reason for denial matters. If a petition was denied in the past solely due to DOMA, with correct re-filing now that the law is changed, eligibility should be restored. However, if denials also involved other issues—such as insufficient documentation or fraud concerns—those still need to be addressed. Applicants should review denial notices carefully and correct any deficiencies before reapplying. Legal counsel can help identify and rectify past mistakes to strengthen a new application. Prompt and accurate follow-up encourages favorable adjudication under current law. Understanding the root cause of past denials enables more effective reapplication. At Hanlon Law Group, P.C., we can help you navigate the legal process and pursue a green card based on your circumstances. For better assistance, reach out to us.
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.
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