Immigration benefits for same-sex married couples

Green cards, visas, and other immigration benefits have been a reality for same-sex marriage couples since the Supreme Court’s landmark gay rights decision in United States v. Windsor, which invalidated DOMA (the Defense of Marriage Act”). 

Today, thankfully, legal discrimination against LGBT immigrants is no more. Now, same-sex married couples are afforded precisely the same rights and benefits under U.S. immigration laws as are opposite-sex married couples.

With the ruling of DOMA as unconstitutional, bi-national same-sex couples can finally seek immigration benefits based on their marriage. Thus, U.S. citizens and green card holders can now petition for immigration benefits for their same-sex spouses.

While the U.S. government still requires that couples seeking family-based immigration benefits be legally married (not including couples with civil unions or other legal rights similar to marriage), the government may recognize marriages that took place in states where same sex-marriage is legal, regardless of whether the couple seeking family-based immigration benefits currently resides in such a state. 

For example, bi-national spouses living in Kentucky who are seeking immigration benefits based on their marriage will most likely be recognized as legal spouses under immigration law, so long as their marriage took place in and was legally recognized by one the US states that does recognize same-sex marriage. 

If you are seeking assistance with marriage or family-based immigration benefits for yourself or your spouse, please contact us at attorney@mylawllc.com

My Law, LLC                                            
Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1230 E. Diehl Rd. Suite 106

Naperville, IL 60563

E-mail: attorney@mylawllc.com

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