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Now That the US Supreme Court Has Ruled the Defense of Marriage Act Unconstitutional, Can I Sponsor My Same-Sex Partner To Bring Him or Her to the US?

YES!

When the United States Supreme Court decided the Windsor case on June 26, 2013, this meant that the definition of “spouse” and “fiancée” could now include same sex couples. The United States Citizenship & Immigration Service of the United States Department of Homeland Security has announced that as a result of the WINDSOR DECISION OF THE SUPREME COURT OF THE UNITED STATES, it will begin processing and approving, if justified under existing United States law, both fiancée and spousal visas. The United States Citizenship and Immigration Service of the United States (USCIS) has made the following announcement:

Implementation of the Supreme Court Ruling on the Defense of Marriage Act Statement from Secretary of Homeland Security Janet Napolitano: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

And following the quoted statement from Janet Napolitano, is the following questions and answers from the government (USCIS) itself:

Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?

A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of your marriage.

Q2: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?

A2: Yes, you can file the petition. In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward.

What are your immigration options?

Please call (877) 745-8341 to schedule an appointment with Attorney Daniel Pell for FREE CONSULTATION.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

What is DOMA and What Does the Supreme Court Ruling Mean to
Same-Sex Couples?


Now That the US Supreme Court Has Ruled the Defense of Marriage Act Unconstitutional, Can I Sponsor My Same-Sex Partner To Bring Him or
Her to the US?


Can My Same-Sex Partner From
Another Country Be My Fiancee, and
if so, Can I Bring Him or Her to the US?


What Are the Requirements for a
Fiancee K-1 Visa?


How Much Does It Cost To File A K-1 Fiancee Visa, and How Long Does It Take To Obtain One?

How does my fiancee apply for work authorization and lawful permanent resident (green card) status?


Same-Sex Immigration and Children
of a Fiancee or Spouse


Can My Lawfully Permanent Resident Spouse Gain US Citizenship Through
His or Her Marriage to Me?


Are the Procedures for Fiancees,
Lawful Permanent Residents, Their Children, And Procedures For
Obtaining US Citizenship the Same
As or Different From Those For Heterosexual Couples?


Pennsylvania Law
Office:
Daniel M.Pell

2550 Kingston Road
Suite 305 York, PA 17402

Office:
(877) 745-8341
(717) 843-7801
Cell:
(717) 487-3085
Fax:
(717) 852-8900
info@pellaw.com

 

 

 

RELATED LINKS:

http://www.uscis.gov/
portal/site/uscis

Daniel Pell is a member of the American Immigration Lawyers Association, 2013