Comparative Analysis: Same-Sex Immigration Before and After DOMA Repeal
DOMA and now same sex immigration petition updates
Question: I am a U.S.
Citizen or lawful permanent resident in a same-sex marriage to a foreign
national.
Can I now sponsor my spouse for a family-based immigrant visa?
Answer: Yes, You can file the petition.
You may file a Form I-130 (and any applicable
accompanying application).
Your eligibility to petition for your spouse, And your spouse’s
admissibility as an immigrant at the immigration visa application or adjustment of status stage,
Question:
Can I file a fiancé or fiancée petition for him or her?
Answer: You may file a Form I-129F.
A same-sex engagement may allow your fiancé to enter the United States for marriage.
Question:
State or a foreign country that recognizes same-sex marriage,
Can I file an immigrant visa petition for my spouse?
Answer:
Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage,
We will apply all relevant laws to determine the validity of a same-sex marriage.
Question: USCIS issues new regulations, Guidance or forms,
To apply for benefits based upon the Supreme Court decision in Windsor?
Answer: No.
You may apply right away for benefits for which you believe you are eligible.
Question: My Form I-130, Or other petition or application,
What should I do?
Answer
USCIS will reconsider its prior decision,
USCIS will make a concerted effort to identify denials of I-130 petitions that occurred on the basis of DOMA section 3 after February 23, 2011.
Of the reopening and request updated information in support of your petition.
To alert USCIS of an I-130 petition that you believe falls within this category,
USCIS recommends that you send an e-mail from an account that can receive
replies to USCIS at USCIS-626@uscis.dhs.gov stating that you have a pending petition.
USCIS will reply to that message with follow-up questions as necessary to update your petition for processing.
Question: In cases where the immigration laws condition the benefit on the existence of a “marriage” or on one’s status as a “spouse,” will same-sex marriages qualify as marriages for purposes of these benefits?
Answer: Yes.
Under the U.S. immigration laws,
Eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse.”
An employment-based immigrant,
Question: If I am seeking admission under a program that requires me to be a “child,” a “son or daughter,” a “parent,” or a “brother or sister” of a U.S. citizen or of a lawful permanent resident, could a same-sex marriage affect my eligibility?
Answer: There are some situations in which either the individual’s own marriage,
Or that of his or her parents,
Can affect whether the individual will qualify a U.S. citizen
Question: Can same-sex marriages, Like opposite-sex marriages, Reduce the residence period required for naturalization?
Answer: Yes.
As a general matter,
Naturalization requires five years of residence in the United States,
According to the immigration laws,
Naturalization is available after a required residence period of three years, Three year period been living in
“marital union” with a U.S. citizen “spouse” and your spouse has been a United States citizen.
Inadmissibility Waivers
Question: I know that the immigration laws allow discretionary waivers of certain inadmissibility grounds under certain circumstances.
For some of those waivers, the person has to be the “spouse” or other family member of a U.S. citizen or of a lawful permanent resident.
In cases where the required family relationship depends on the individual or the individual’s parents meet the definition of “spouse,” will same-sex marriages count for that purpose?
Answer: Yes.
The migrant laws condition for a waiver.
