We got married in California and are wanting information on how we can start the processes for a green card application? He has 245(I) to adjust status threw a old petition his mother had and that old I-130 was approved along time ago in may 2001 almost before the cut off date for 245(I) he they made it right on time.
With the end of DOMA, LGBT families should be treated the same under immigration laws. Immigration law is complicated and there may still be barriers for some couples, but the discrimination that prevented gay couples from receiving the same respect under the law as others has ended. Green card applications should no longer be denied solely because a couple is lesbian or gay.
As long as you both entered the marriage based upon a good faith relationship, we expect more answers from USCIS as soon as this week at the Annual AILA Conference in San Francisco.
If it is lawful to marry in California, then you should seek an appointment with a competent and experienced immigration attorney before you file. Good luck.
Probably yes. 245i cases are tough so its important that you work with an attorney. USCIS should start to treat gay marriages the same as straight marriages, unless they come up with some other excuse besides DOMA, but I doubt it. To qualify for 245i ts also important that his mother was present in the U.S. on December 22nd 2000.
Andre Olivie, Esq.
These are exciting times and as long as the marriage is legal, same-sex partners should now be able to be treated the same as "traditional" married couples - the details remain to be seen in the near future. Hire an immigration attorney to assist you, preferably someone with experience in GLBT issues. Best of luck!
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