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:

• Follow to join spouses who recently immigrated to the United States provided that the marriage occurred prior to grant of an immigrant visa.
• Immigrant petitions for step-children of a same-sex spouse, provided that the marriage occurred prior to child turning 18 years old.
• Fiance visas for same-sex individuals who plan to marry in the state which recognizes same-sex marriage.
• Lawful permenant residence under Violence Against Marriage Act if same-sex spouse was abused by a U.S. Citizen or lawful permenant spouse.
• Derivative U and V visas.
• Derivative visas for same-sex spouses of non-immigrant visas: F-1, J-1, L-1A and L-1B, E, and others.  Please note that dependents of L-1A and L-1B visa holders are permitted to obtain an employment authorization in the U.S.
• Employment-based immigrant visas for EB-1, EB-2, EB-3 and EB-4 categories.

• 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.