Great News!!!

On June 27, 2015, in a landmark opinion, Obergefell v. Hodges, The US Supreme Court ruled that same-sex marriage is a legal right across the United States.

Gay and lesbian couples already could marry in 36 states and the District of Columbia. The court's 5-4 ruling means the remaining 14 states, in the South and Midwest, will have to stop enforcing their bans on same-sex marriage.

Previously, the U.S. Supreme Court had issued two landmark cases on June 26, 2013 which had a direct impact on gay & same-sex couples' immigration rights. Hollingsworth v. Perry, which arose out of California's Prop 8 measure, and addressed the issue of whether the U.S. Constitution bars California from limiting marriage to unions of one man and one woman. In United States v. Windsor, the Supreme Court heard oral arguments regarding a challenge of the federal government's denial of benefits and tax advantages to legally married same-sex couples under the Defense of Marriage Act (DOMA). After hearing oral arguments, the Supreme Court ruled DOMA to be unconstitutional entitling married same sex couples to the same federal benefits as opposite-sex married couples.

Now with the Supreme Court decision in Obergefell v. Hodges, gay and lesian couples have the right to marry in any State and pursue immigration benefits for loved ones.

Frequently Asked Questions

Can married same sex couples now sponsor his or her spouse for U.S. permanent residency (green card)?
Immigration is a federal law and fell within the scope of DOMA. With DOMA ruled unconstitutional, U.S. citizen spouses in a same sex marriage are now able to sponsor his or her foreign spouse for permanent residency and for immigrant and fiancé(e) visas under the same guidelines as traditional opposite-marriage based cases.

What should you do now?
If you are in a same sex relationship but you are not married to your partner yet, now is the time to do so. This is because the right to sponsor a spouse for a green card does not take effect until you are legally married in a country, state or other jurisdiction that permits same sex marriages.

U.S. states permitting same sex marriage:
All States.

Document your relationship
You need to gather documents and evidence that would demonstrate that your relationship to date has been genuine and bona fide. These include but not limited to joint leases, tax returns, joint credit cards, car insurance, life insurance, bank accounts and photos.

Here's How We Can Help You

  • We will review your eligibility and identify any potential legal issues that may affect your eligibility
  • We will help you gather necessary documents in support of all relevant applications and petitions
  • We will prepare and submit all relevant applications and petitions with the appropriate U.S. Government office and ensure the submission of the correct filing fees
  • We will handle all communication with the appropriate U.S. Government office up until the interview is scheduled
If you have questions about eligibility for any type of family immigration benefit, please contact our office at (408) 279-5793 and we will be happy to assist you.
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