What are the Options for Same Sex Immigration to The USA?
DOMA (the Defense of Marriage Act) is a federal ruling that classifies marriage as a legal partnership between a man and a woman. Marriage between same sex couples is legal in several states in the US. However, the federal government will not recognize these marriages, due to the DOMA ruling.
Immigration law in the US is conducted at federal level, both when it is written and executed. Consequently, DOMA has stopped gay and lesbian people from applying for a green card (i.e. legal immigration status) for their same sex spouse. Furthermore, DOMA has stopped a same sex partner from being regarded as a “qualifying relative”, to facilitate the cancellation of hardship and removal waivers.
Legal Guidance About Same sex Immigration to USA
Immigrants who want to gain permanent residence, via a same sex partner, are highly advised to seek legal guidance before filing a petition with the US Immigration and Citizenship Services. Trying to file a petition too soon might lead to the immigrant partner getting placed in deportation (i.e. removal) proceedings.
Similarly, immigrants in a same sex partnership, who are currently in removal proceedings, are highly advised to seek legal guidance to learn about all the available options. A good immigration lawyer will work hard to keep up to date with the constantly changing rules in this particular field of immigration law.
Recently, there have been numerous encouraging court decisions that recognize the right of a same sex couples to get married. Furthermore, on 23rd February 2011, the Obama government stated that it would stop supporting the DOMA ruling’s constitutionality in federal court.
Significant developments like this represent good news for lesbian and gay immigrants, as well as their families. Nonetheless, it is essential for immigrants and their partners to bear in mind that DOMA will remain in law until Congress can repeal this law, or until a final decision from the courts can be rendered. Unfortunately, as things stand, any decision from a federal court that declares DOMA to be unconstitutional, will almost certainly be taken to the US Supreme Court on appeal.
Immigrations Rights For Same Sex Couples
At the moment, there is too much political opposition for same sex couples immigrating to USA. However, many people in the US hope that couples of the same sex will be able to enjoy marriage equality, along with immigration equality, in the not too distant future. A reputable lawyer will monitor all the relevant legal developments closely. Hiring a skilled lawyer will ensure that you have the best chance of being able to stand up for your rights, and the rights of your partner, when it comes to your options for immigration.
The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.
After initially having a very bad experience with one of their immigration consultants and after posting a negative review on Google I was immediately contacted by the Managing Director to reschedule another consultation to try and provide me with a more positive experience. I have been impressed by their attention to customer service as a result of this and I appreciate the initiative that they have taken to turn my negative experience into a positive one. My second consultation was a great experience, I spoke with Brian about my Canadian PR application and he was able to give me great advice and was extremely helpful. He answered all my questions and explained the process of how to apply and was very patient with me which I really appreciate.
Great law firm with great staff. My lawyer Rania did a great job for my Canadian work permit and my daughters study permit. You are great in your work. And my Para Legal officer Alicea, you are just amazing. They did not rest until my job was promptly and properly done. Always there to answer my calls, reply my emails promptly. She tried her best and the results were amazing. I recommend visa place if you need the best immigration job. Many thanks to Rania and Alicea.
Great firm on top of their game. Worked with us til the end to ensure my parents visa was approved and guided us along the way in a professional manor. Natalie is awesome. Majority of our communications were via email, but the responses were immediate. I would greatly recommend this firm. Thank you for all your hard work and help. My family and I do really appreciate it.