Before the Defense of Marriage Act (DOMA) was overturned in July of 2013, individuals who were in a same-sex marriage with someone outside of the U.S. were not eligible to sponsor their spouse for a K visa. Likewise, non-citizens who were in a same-sex marriage with a U.S. citizen were not eligible to immigrate to the U.S. with a K visa. Now that DOMA has been overturned, however, all married couples are treated equally when it comes to marriage immigration. For more information, contact a same sex green card lawyer NYC today.
Feiner & Lavy, P.C., Attorneys at Law is here to help you reunite with your spouse in the United States. Whether you are a U.S. citizen or a permanent resident, you may be able to sponsor your spouse or your fiancé(e) for a visa. The process is different depending on whether one of the spouses is a U.S. citizen or a permanent resident, and whether the other spouse is currently in the U.S. or is in another country. A same sex green card lawyer NYC can help you through the process of applying for a visa.
U.S. citizens have preference when it comes to sponsoring their spouses for immigration. Spouses of U.S. citizens may be able to enter the country on a non-immigrant K3 visa. This visa allows the spouse to remain lawfully in the U.S. while they wait for a green card visa number to become available. The U.S. citizen will file a Form I-130, Petition for Alien Relative and then file a Form I-485, Application to Register Permanent Residence or to Adjust Status after the Form I-130 has been approved. If the spouse is already present in the U.S., the citizen will file both forms the same time.
Yes, you can now file a petition for your same-sex spouse (Form I-130, Petition for Alien Relative). Whether you are eligible to petition for your spouse and whether they are admissible as an immigrant at the adjustment of status or immigration visa application stage will be determined based on the applicable immigration laws. In other words, your petition will not be denied because your marriage is between two people of the same sex. A same sex green card lawyer can help answer any additional questions you may have.
Yes, you or your same sex green card lawyer can file a visa petition for a fiancée visa for same sex marriage on behalf of your same-sex fiancé or fiancée. The appropriate form to use for this purpose is Form I-129F, Petition for Alien Fiance(e). The fact that your engagement is to a person of the same sex will not have any impact on whether your petition for a fiancée visa for same sex marriage is granted.
If all of the necessary immigration requirements are met, your petition should be granted. A fiancée visa for same sex marriage lawyer can help you learn more about the requirements of this process.
Permanent residents can also sponsor their spouses for entry into the U.S., but they do not have the same preference as U.S. citizens do. If their spouse is present in the U.S., they must file Form I-130 for their spouse and, after a visa number becomes available, file Form I-485. If the spouse is outside of the U.S., they must file Form I-130 and wait for a visa to become available. Once a green card is available, the spouse will go through consular processing before entering the country.
The domicile state’s policies and laws regarding same-sex marriages have no bearing on whether or not the USCIS will recognize your marriage as valid. USCIS applies the same standard validity considerations to same-sex marriages.
Suppose you filed a petition or application in the past, and it was denied solely on the basis of the Defense of Marriage Act (DOMA). In that case, USCIS will reopen the petition or application. If you want to have your petition or application reopened, contacting an immigrant visa lawyer for same-sex marriage can be helpful.
When USCIS reopens your I-130 petition, it will be considered based on any previously submitted information, along with any new information that you or your same-sex immigration lawyer NYC provides. In addition to reopening your I-130 petition, any associated applications will also be reopened simultaneously (if they had also been denied because of your initial I-130 Petition denial based on DOMA).
An example of an associated application that may be reopened is a concurrently filed Form I-485 application. If you have hired an immigrant visa lawyer for same sex marriage at this stage, your attorney will help you ensure that you file the correct forms and paperwork.
You can also rest assured that if your work authorization was revoked or denied because your Form I-485 was denied, the revocation or denial will be reconsidered. If necessary, a new Employment Authorization Document will also be issued. Your same sex green card lawyer can assist you with this process as needed.
In some cases, USCIS cannot make a decision right away on a newly reopened adjustment of status application. Under these circumstances, USCIS will either reopen and approve a previously revoked employment authorization application, or it will immediately begin processing a pending or denied application for employment authorization.
If your biometric information has already been obtained by USCIS at an Application Support Center (ASC), it will produce and deliver a new Employment Authorization Document without you or your same sex immigration lawyer NYC having to take any further action. For cases in which biometric information has not yet been obtained, USCIS will schedule the applicant for an ASC appointment. If you are wondering what happens at this appointment, you can ask a same sex green card lawyer.
There is not an additional fee incurred when you reopen your petition or application because there had previously been a denial (solely because of DOMA). However, you also may have the option of filing a new petition or application.
Keep in mind that depending on the form instructions, there may be fees or costs associated with a new filing. Your immigrant visa lawyer for same sex marriage can help you understand the best way to proceed with your case.
In the same way that opposite sex marriages can reduce the residence period that is required for naturalization, same sex marriages do, as well. Naturalization is the process through which a non-citizen of the United States can acquire citizenship. Generally, you must reside in the United States for at least five years after you have been admitted as a lawful permanent resident to be eligible for naturalization.
However, United States immigration laws allow for naturalization to become available once you have met the residence requirements for at least three years, if you have been living in a marital union with your United States citizen spouse. A same sex green card marriage is also treated in the same way as opposite sex marriages, when it comes to the naturalization requirements. Your same sex immigration lawyer NYC can help you determine whether you or your spouse is eligible for naturalization.
United States immigration laws allow for a wide range of benefits. Whether or not someone is eligible for some or all of these benefits depends on how the terms “marriage” and “spouse” are defined.
Fortunately, same sex marriages and opposite sex marriages equally qualify as marriages for the purpose of determining eligibility for certain immigration law benefits. People who identify as gay, lesbian, bisexual, transgender, queer, (or any other member of the LGBTQ community) will not be discriminated against under U.S. immigration laws.
Some examples of these benefits include:
For all of the above cases, both same sex marriages and opposite sex marriages will be treated exactly the same way. If you have questions regarding your same sex green card marriage, a same sex immigration lawyer NYC may be able to help.
In some situations, either your own marriage or the marriage of your parents can have an impact upon whether or not you will qualify for admission as a child, son, daughter, parent, brother, or sister or a United States citizen or a lawful permanent resident. Whether or not you qualify for admission within one of the above categories will not be dependent in any way on whether the subject marriage is a same sex green card marriage or an opposite sex marriage.
Your immigrant visa lawyer for same sex marriage can help you file a petition or application for a visa based on your eligibility as a family member of a U.S. citizen or a lawful permanent resident. A same sex green card lawyer can help all members of the LGBTQ community with their immigration needs
Under current United States immigration law, some grounds of inadmissibility can be waived under certain circumstances. Some of these waivers require the person to either be the spouse of a U.S. citizen or lawful permanent resident or another eligible family member.
If someone is eligible for a waiver based on a marriage or their status as a spouse, same sex marriages are treated in the same way that opposite sex marriages are. Essentially, if you are eligible for the waiver—you remain eligible, and whether a marriage is same sex or not has no bearing on your eligibility whatsoever. For more details regarding discretionary waivers and eligibility, you should speak with a same sex immigration lawyer NYC.
Permanent residents can also sponsor their spouses for entry into the U.S., but they do not have the same preference as U.S. citizens do. If their spouse is present in the U.S., they must file Form I-130 for their spouse and, after a visa number becomes available, file Form I-485. If the spouse is outside of the U.S., they must file Form I-130 and wait for a visa to become available. Once a green card is available, the spouse will go through consular processing before entering the country.
Generally speaking, there is no requirement to hire a lawyer to help you with immigration law-related matters in the U.S. However, hiring an immigrant visa lawyer for same sex marriage can certainly be beneficial in ensuring that your petitions and applications are timely filed.
Additionally, a same sex immigration lawyer NYC will have the experience and knowledge needed to help you put together an application or a petition that contains all of the required documentation and evidence. If you are considering a same sex green card marriage or obtaining a fiancée visa for same sex marriage, hiring an immigrant visa lawyer for same sex marriage can make a big difference in your case.
An experienced New York immigration lawyer from Feiner & Lavy, P.C. can help you navigate the legal aspects of helping your spouse immigrate to the United States. Our attorneys know your legal rights and will not hesitate to advocate on your behalf.
Speak with a New York immigrant visa lawyer for same sex marriage from Feiner & Lavy, P.C., Attorneys at Law right away if you are looking to help your spouse immigrate to America. We know your same-sex immigration rights post-DOMA and will act as strong advocates on your behalf. Your same sex green card lawyer will help you fill out the paperwork, gather the necessary documentation, and submit everything on time so that your spouse is able to reunite with you as soon as possible. Call now at (212) 571-9200 to contact us and discuss your case with an attorney who cares
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