A U.S. citizen or lawful permanent resident may petition for his or her alien spouse to receive a green card (permanent residence). In order to determine whether a marriage is valid for immigration purposes, the petitioner must establish that a legally valid marriage exists and that the beneficiary qualifies as a spouse under the Immigration and Nationality Act, which includes demonstrating that the marriage is bona fide.
One June 26, 2013, the United States Supreme Court ruled that Section 3 of the DOMA (Defense of Marriage Act) was unconstitutional. Section 3 of the DOMA defined marriage as only a legal union between one man and one woman, as husband and wife.
The Supreme Court’s ruling removed section 3 of the DOMA. It is now held that if your marriage is valid under the laws of the State where it is celebrated, your marriage is valid for immigration purposes. This means that same sex couples can now petition for a green card for their fiance(e) and spouse, which opens up the door to many more immigration benefits for same sex couples.
Secretary of Homeland Security Janet Napolitano released a statement indicating that she has 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.
This is a great victory for same-sex couples and opens up new paths for permanent residency and citizenship.
If you have a question about your legal status, or would like to get a green card for your same-sex spouse, contact us today or get connected on Facebook and Twitter.
