Same-Sex Marriage Based Green Card

It is an exciting time in immigration law for same-sex couples based on the Supreme Court ruling, delivered in June of this year, which found the Defense of Marriage Act (“DOMA”) unconstitutional. Based on the ruling, the Secretary of Homeland Security has directed USCIS to review all immigration visa petitions filed on behalf of same-sex couples in the same manner as those filed on behalf of opposite-sex spouses.


In short, this means that a same-sex spouse who is either a U.S. Citizen or Lawful Permanent Resident can now sponsor a spouse or fiancé for an immigrant visa.  USCIS will look to where the marriage was celebrated to determine if the marriage is valid for immigration purposes.  For example, if you were married in a country outside of the U.S. that recognizes same-sex marriage, it is likely that this marriage will be recognized as valid with a proper marriage certificate.


Please contact The Law Office of Erin Elliott today at (404) 890-0372 for more information on sponsoring a same-sex spouse or fiancé. 



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Posted by Erin Elliott