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United States Government Recognizes Same-Sex Couples for Immigration

Posted on by Ruby Powers in Immigration Law, Legislative Reform Leave a comment

On June 26, 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act, stating that federal benefits tied to marriage could only be considered for heterosexual couples, was unconstitutional, opening the doors for thousands of individuals to apply for things like social security, joint filing of taxes, the passage of estates, etc. This is undeniably a huge victory for same-sex couples in the Untied States.  But a successive victory was that hours after the ruling on DOMA for same-sex couples, the government announced that it would also begin extending immigration benefits to same-sex couples.

According to studies, the number of same-sex partner couples in which one is a foreign partner is around 32, 000. And historically, while heterosexual couples were able to sponsor one another by filing petitions to bring or keep their partners into the United Sates – same-sex couples were unable to do so because their marriages were not recognized, until now.

In July the Department of Homeland Security announced that same-sex couples will indeed be able to secure immigration benefits for one another, and in guidelines issued via USCISon July 1, 2013 the Secretary of Homeland Security stated that “ I have directed U.S. Citizenship and Immigration Services 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.”

As a result same-sex couples and their partners should be able to bring their gay and lesbian partners into the United States as well as prevent some of those individuals from deportation, assuming that they meet all other immigration requirements for Alien Relative Petitions, and/or Fiance visas. Additionally, those who have been denied prior to the revision may be eligible to have their cases reviewed.

If you are interested in obtaining a visa to enter the United States underneath these conditions, contact the Law Office of Ruby L. Powers in order to obtain a consultation and further advice on whether or not you qualify.


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