Yesterday, the United States Supreme Court issued its decision in United States vs. Windsor, invalidating the so-called Defense of Marriage Act or DOMA, which barred the federal government from recognizing any marriage that was not between one man and one woman. The Supreme Court's decision has far-reaching implications in federal law, including immigration.
President
Obama immediately instructed his cabinet to implement the decision
"swiftly and smoothly." Janet
Napolitano, the Secretary of Homeland Security, issued a press release stating
that she would work with the Attorney General to assure "that all married
couples are treated fairly and equally in the administration of our immigration
laws."
Gay,
Lesbian, Bisexual and Transgender foreign nationals will now be eligible for
the same immigration benefits through marriage in immigration that their
straight counterparts have been eligible for, so long as they have been married
in a state or country that performs same-sex marriages. This includes visa petitions for immigrants
and non-immigrants, as well as a myriad of defenses from deportation. Presumably, the federal government will also
recognize step-child and step-parent relationships, as well as fiancee relationships,
involving same-sex spouses.
At
Joseph Law Firm, P.C., we have actively been working on immigration benefits
for same-sex couples for quite some time now.
We are pleased to begin filing for immigration benefits for same-sex
couples immediately, for those couples that have entered into valid and lawful
marriages in those American 13 states and the District of Columbia, or any
country which recognizes same-sex marriages.
If
you believe that you may be impacted by the Supreme Court's decision, please
contact our office immediately to set up an appointment to speak with one of
our attorneys.
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