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Doma is down! :) can I file a petition for my same sex partner for a green card? I'm a us citizen.

Houston, TX |
Filed under: Green cards

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.

Attorney Answers 6


  1. 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.

    This is general information, not legal advice, and does not create an attorney client relationship.


  2. Congratulations! What a great day today has been!

    I would encourage you to visit: http://www.domaproject.org/ They will have a webcast today at 3:00 PM where they will provide an analysis of the ruling and answer questions for binational same-sex couples.

    This information is provided as a courtesy based upon the limited information provided in your post and does not constitute an attorney-client relationship.


  3. 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.

    This answer does not create an attorney-client relationship and should not be relied as legal advice on your case. You may call my office at (832) 305-5382 to schedule a consultation if you require specific legal advice. Law Offices of Hector J. Lopez. 1201 South Shepherd Dr. Houston, TX 77019. www.hjlopezlaw.com


  4. It is way to early to know. Aside from DOMA, California has its own law banning same sex marriages [stricken by a different ruling]. How this will play out will be very interesting to see.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  5. 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.
    www.olivielaw.com

    Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.


  6. 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!

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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