Same-Sex Relationships And Immigration
Our immigration attorneys at the Wilson Law Group have been helping to reunite families through U.S. immigration laws and procedures since 2003. We provide clarity when immigration laws are complicated and confusing and we are creative and challenge the law when we need to. Culture and society accepted same-sex marriage long before the immigration laws were revised to account for needed consideration. We help same-sex couples obtain visas and lawful permanent resident status (green cards) for their foreign spouse.
A Ground-Breaking U.S. Supreme Court Decision
In 2013, the U.S. Supreme Court declared that section 3 of the Defense of Marriage Act (DOMA), which prevented the federal government from recognizing the legality of marriage between same-sex couples, was unconstitutional. Immediately following, the Department of Homeland Security which oversees the immigration laws in the United States directed the U.S. Citizenship and Immigration Services (USCIS) to consider visa petitions filed by a same-sex sponsor spouse or fiancé(e) the same as any other marriage application.
The Legally Valid Marriage Requirement
A critical component for any spouse’s visa application is that the marriage was legally valid. For immigration purposes, the laws of the state or country where the marriage was conducted will determine whether the marriage is legally valid. If the couple is married in a state or country that recognizes same-sex marriages, USCIS will therefore recognize petitions filed on behalf of a same-sex spouse. This will remain the case even if the couple should later decide to reside in a state that does not recognize same-sex marriages.
Aside from making sure that the marriage was legally valid in the state or country where the ceremony was conducted, there are no other requirements for authenticating a marriage. The visa application will be the same as other marriage petitions or fiancé application.
Innovative And Creative Lawyers Fighting For LGBTQ Immigrant Rights
As marriage and immigration laws finally evolved to support same-sex marriages, they proved that sometimes laws are slow to change. We are innovative family-based immigration attorneys who work to think outside the box. When the laws are old and outdated, we get creative and we push for change. If your family situation does not fit in a standard-sized immigration box, we will help you find a different box.
Call For A Free Consultation With A Family-Based Immigration Lawyer
Our lawyers offer a free, initial consultation and case consultation so that we can evaluate and assess your immigration needs and tell you more about how we can help you with your situation. To schedule your free appointment, call us at 612-430-8022 or send us an email through our online form.