They have been together for ten years. They decide to get marriage and apply a green card. How long will take to get a green card?
Here's the general background: the recent Supreme Court's decision in Windsor struck down the Defense of Marriage Act as an unconstitutional violation of the equal protection clause. This decision means that same sex married couples are entitled to the same federal legal rights and privileges as heterosexual couples. In the immigration context, a same sex legal marriage can serve as the basis for an immediate relative immigrant visa petition.
So the legal barrier of DOMA is gone. And if you've been with your partner for ten years and are considering the green card marriage process, then I recommend that you consult with an experienced immigration lawyer. Whether your marriage is gay or straight, It's worth it to have your case thoroughly screened for inadmissibility issues and carefully prepared by a competent experienced immigration attorney.
Good luck. Please come see me in my downtown Boston office you need more help or advice.
Joshua Goldstein, Esq
Immigration & Nationality Lawyers
Law Offices of Joshua L Goldstein, PC
6 Beacon Street, # 220
Boston, Massachusetts 02108
The marriage will go through the same scrutiny any other marriage does. It is always helpful to have an attorney on your side, especially with new things, but that choice is up to you. Overstay should not be a problem if there are no other obstacles. Good Luck.
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I agree with my colleagues that it's best to consult with an immigration attorney. The overstay may not be an issue, but there are a lot of IFs to know for sure. For example, whether the sponsor is a US citizen, whether the foreign national spouse made any departures abroad since the initial legal entry to the US, whether the foreign national spouse has had other contact with immigration authorities, whether the foreign national spouse entered the US on a Visa Waiver Program or as a transit alien or other class of people who are prohibited from adjusting status in the US. We also don't know if there are other legal obstacles in the case, jsut as in any marriage case. Again, consult with an experienced attorney.
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