Immigration Benefits For Same-Sex Marriages
The Supreme Court in United States v. Windsor struck down Section 3 of the Defense of Marriage Act (DOMA), which had limited the terms "marriage" and "spouse" to opposite-sex marriages for purposes of all federal laws. If your marriage is valid in the jurisdiction (U.S. state or foreign country) where it took place, it is valid for immigration purposes. As such, USCIS may now interpret "spouse" to include an applicant's same sex spouse.
Effective immediately, U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses. This means that the same sex spouse of a visa applicant coming to the U.S. for any purpose – including work, study, international exchange or as a legal immigrant – will be eligible for a derivative visa. Likewise, stepchildren acquired through same sex marriages can also qualify as beneficiaries or for derivative status.
U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national can file an immigration visa application and their foreign national spouse can file for permanent residency. Eligibility for permanent residency will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage.
Child Status Protection Act
Should and adult child be pushed to the back of the line simply because they qualified as a "child" when a visa petitions was filed but happened to age out of qualification by the time the visa became available to the primary beneficiary? That is the question of debate taken up by the Supreme Court on December 10,2013 in the Child Status Protection Act (CSPA) case Mayorkas v. DeOsorio. The Court will Consider whom Congress intended to benefit by INA § 203(h)(3), provision which allows beneficiaries of certain visa petitions to retain earlier priority dates after "aging-out) (turning 21) and losing child status. The Supreme Court's ruling could have a big effect on whether some applicants who turned 21 during the U,S, visa process are allowed to immigrate at the same time as their parents, rather than being bumped all the way to the back of the line.
Please check back our website for updates on this case.
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And We Fight For You.
Immigrating to the United States has become a more complicated process since the events of September 11, 2001.
New federal laws and new government agencies like the Department of Homeland Security have changed the landscape significantly. If you or a family member is interested in working or living in the United States, you likely need help understanding U.S. immigration laws and how to successfully apply for legal status.
Bartlett & Weigle Co., L.P.A. is a full-service immigration firm, and one of few firms with experience in all aspects of the field from employment and family based petitions to criminal and deportation/removal matters. As active members of the American Immigration Lawyers Association (AILA), we keep abreast of current changes in the law and can give you confidence that your case will be handled by an expert who understands your needs.
Who We Can Help
Bartlett & Weigle Co., L.P.A. has provided expert legal advice and representation to a wide range of clients seeking entry to the United States for over 30 years. Our clients vary from professional and blue collar workers, to those seeking political asylum. We also provide our services to migrant workers, students, diversity lottery recipients, religious workers, entrepreneurs, family members of current U.S. residents, and foreign or domestic businesses seeking to place employees in the U.S.
We offer you legal advice and representation in all aspects of immigration law including business, employment, family, international adoption, employer sanctions, asylum, deportation/exclusion, naturalization, and criminal law. The Firm also counsels large, multi-national corporations, small companies, and individuals in matters such as: (E visas), (L visas), (H visas), (J waivers), permanent residency issues, national interest waivers, priority worker petitions, and PERM applications.