Pursuant to the ruling by the U.S. Supreme Court on June
26, 2013 which overturned some of the provisions of the DOMA, a U.S. citizen or lawful permanent resident in a same-sex marriage to a
foreign national can now sponsor his or her spouse for a family-based immigrant visa.
The key element is determining whether the marriage took place in a state or foreign country which legally recognizes same-sex marriages.
The USCIS began to unilaterally re-opening and approving previously denied petitions by same-sex U.S. citizen or lawful permanent resident spouses. In addition to a spouse family petition, the following non-immigrant and immigrant visas, as well as relief from removal and waivers are now available to same-sex spouses:
Extreme Hardship waivers are now available based on a qualifying relationship of a spouse.
Cancellation of removal for Non-LPRs and LPRs: same-sex spouse's health and other factor can be taken into consideration.
Deferred Action from removal.
Immigration Officers will be giving a greater scrutiny when reviewing petitions and applications for immigration benefits submitted by the same-sex couples. Therefore, it is extremely important to retain an experienced immigration attorney prior to filing. Call our office at 248-663-5150 for a confidential consultation.