The answer is a resounding YES!
The Supreme Court agreed with the Obama Administration when it decided that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. This means that the U.S. federal government must give same-sex couples, who are legally married in their home state or home country, the same recognition it gives to heterosexual married couples. In terms of U.S. immigration benefits, it means that gay and lesbian married couples may now sponsor their foreign born spouses for a green card.
To learn how this can help you, take a look at USCIS's very informative webpage: http://www.uscis.gov/family/same-sex-marriages
Still unclear about how this change applies to you and your family? Send us your questions at contact@sednalaw.com or call us at 617.395.8333 to talk.
Showing posts with label same-sex binational couples. Show all posts
Showing posts with label same-sex binational couples. Show all posts
Monday, July 1, 2013
Wednesday, February 23, 2011
DOMA declared unconstitutional: Can binational gay partners benefit from this?
If you are a U.S. citizen, should you go and file a green card application for your foreign same-sex spouse, whom you married in Massachusetts, or in any other state or country allowing same-sex marriages? Although Obama’s announcement is a step forward for gay rights, getting full immigration benefits for you and your spouse will still require much legal fighting.
If, today, you submit a green card application for your foreign-born same-sex spouse, USCIS will deny the application. Your only recourse is to appeal the decision, most likely all the way to the Supreme Court. Interestingly, keeping immigration issues out of a DOMA challenge is a deliberate strategy of LGBT rights organizations. The thinking there is that, because the federal government has complete authority over immigration matters, it is almost impossible for courts to find a law unconstitutional when it involves immigration. This strategy, therefore, tries to increase the likelihood that a judge will decide that DOMA is unconstitutional.
For the moment, the USCIS will unquestionably deny your same-sex partner's application, until Congress repeals the law or the Supreme Court concludes that it is unconstitutional. While bringing your spouse to the U.S. is not yet possible, the Obama Administration’s decision to pull back its defense of DOMA is a sign of hope and a move in the right direction.
If, today, you submit a green card application for your foreign-born same-sex spouse, USCIS will deny the application. Your only recourse is to appeal the decision, most likely all the way to the Supreme Court. Interestingly, keeping immigration issues out of a DOMA challenge is a deliberate strategy of LGBT rights organizations. The thinking there is that, because the federal government has complete authority over immigration matters, it is almost impossible for courts to find a law unconstitutional when it involves immigration. This strategy, therefore, tries to increase the likelihood that a judge will decide that DOMA is unconstitutional.
For the moment, the USCIS will unquestionably deny your same-sex partner's application, until Congress repeals the law or the Supreme Court concludes that it is unconstitutional. While bringing your spouse to the U.S. is not yet possible, the Obama Administration’s decision to pull back its defense of DOMA is a sign of hope and a move in the right direction.
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