Same Sex Immigration Benefits

Same Sex Marriage Visa and Immigration Benefits After DOMA

Yesterday, the U.S. Supreme Court ruled the Defense of Marriage Act (DOMA) unconstitutional.  Put differently, the Court stated that the Federal government must treat all legally married couples equally (including, legally married same-sex couples).

What Does This Mean For Immigration Benefit Purposes?

With this ruling, the USCIS, and all other immigration agencies, will soon begin accepting, approving, and providing immigration benefits for same-sex couples.  However, the firm cautions that it may take a little bit of time for the immigration agency to work out the logistics of the process.

What Can Same-Sex Couple’s Do Now To Obtain Immigration Benefits?

Now that DOMA is invalidated, all married couples will be treated equally before the immigration agency.  Therefore, same-sex married couples should prepare to file marriage visa applications now, while waiting for official announcement from USCIS.  To prepare, couples should:

The immigration agency has always been paranoid about whether a marriage is a good-faith marriage – and the firm believes that the immigration agency may be extra vigilant in same-sex marriages.  Therefore, the firm suggests speaking to an immigration lawyer to ensure that a couple is adequately prepared to file.  Please contact the Firm if you would like to speak to an Upstate New York attorney about the immigration benefits available to Same-Sex Married Couples.

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