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If DOMA gets struck down, will I be able to sponsor my same sex partner while living in TX If we were married last year in NY?

Richardson, TX |
Filed under: Immigration

we were married in NY, I am a U.S. citizen, she is here on OPT student visa which runs out in Oct of this year. We currently live in Texas and would like to get to stay here. Thanks!

Attorney Answers 4

Posted

Great question, needs an immigration attny with an opinion on DOMA my opinion is that is should not be struck down.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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11 found this helpful

3 lawyers agree

18 comments

Alexander Joseph Segal

Alexander Joseph Segal

Posted

This is not very nice of you to be so politically incorrect. :)

Howard M Lewis

Howard M Lewis

Posted

after I wrote that you are right, wrong place for opinions, thanks for the respectful prod. hope you and yours have a nice holiday, I do passover, but my wife does Easter,

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Thank you. Happy holiday to you do. We all do passover.

Asker

Posted

So you commented on my question not to answer it but to tell me you hope DOMA is upheld so I can not sponsor my spouse and she gets deported, I would say that if you find yrself capable of forming an objective professional opinion on my QUESTION rather than a moral opinion on "gays" feel free to stop by, but i just noticed you are not even an immigration lawyer so instead i will just say, thanks for posting.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

No, he commented on your answer so you know that not all people in this country are particularly thrilled about DOMA being stricken down. Personalities like you make the number of those people grow and not diminish.

Asker

Posted

My question was not "do you think doma should be upheld" it was a specific question regarding DOMAs effect on immigration law. and I doubt my personality has any effect on peoples opinion on DOMA. Im pretty sure people like you will always be against it. Fortunately it doesnt matter what people like you think about it anymore. Also maybe since you guys are immigration lawyers and you clearly dont know the effect DOMA being struck down would have on immigration law, you should probably study up.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You are right. we clearly do not know. You can feel better now and move on, searching for truth.

Asker

Posted

Your right, you DO know anything about the question i asked, you just prefer to not to display it here out of modesty im sure, lol. Enjoy your passover;)

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I am actually. Enjoy your quest for truth.

Howard M Lewis

Howard M Lewis

Posted

wow, I am actually pro gay rights and vote democrat.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I am also pro gay rights but always vote Republican.

Asker

Posted

last thing (for real this time) im surprised you are not a fan of federal rights for gays and lesbians since you are clearly a big fan of old lesbian lady hair styles. See you ppl borrow from our culture but then...! anyway ON TO MY "QUEST FOR THE TRUTH" (truth=any expert legal opinion on what a doma repeal decision could have on my immigration situation)

Howard M Lewis

Howard M Lewis

Posted

I actually voted for Obama and Scott Brown.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

First, I am very much pro gay rights. This is why the hairstyle. Second, I told you already, you need a chill pill and a course on manners. Good night.

Asker

Posted

i never asked anyone about their political views or opinions on gay issues. I was looking for opinions on an immigration issue that is tied to doma.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I would never vote for Obama, sorry. I did vote for Romney, though.

Howard M Lewis

Howard M Lewis

Posted

all very true.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You never asked. it is true. We are conversing between ourselves. You are just happened to be in the crossroad. Enjoy. I would expect more sarcasm and despicable jokes from you as we talk with my colleague.

Posted

Not so fast.. Let's first see that DOMA is indeed struck down, and then let's see how that decision "percolates" to immigration law.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

Good question, but you are getting a bit ahead of the game. Let's first see exactly what the Supreme Court does and how Congress responds.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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3 comments

Howard M Lewis

Howard M Lewis

Posted

always great counsel

Asker

Posted

Great answer! Thanks i wont think about it anymore. And how would congress "respond" to Doma getting struck down? Im very interested!

Carl Michael Shusterman

Carl Michael Shusterman

Posted

We may find out this summer.

Posted

It is amazing how people constantly ask immigration attorneys to engage in all kinds of conjectures, predictions and speculations. We are not political commentators and cannot really do that. Who knows whether SC will strike DOMA? Who knows how it is going to play out if DOMA is stricken? Will the Administration begin recognizing marriage in its contemporary broader definition in immigration context or drug its feet and kick the can down the road for the next Administration to deal with it? If the issue is left for the states, how different state Constitutions, laws and definitions of marriage be reconciled? How much time will it take until LGBT community is able to convey immigration benefits, if at all, to their spouses? Who knows? How can we know? I can guess that Texas will probably be among the last to recognize marriage in its contemporary broad meaning, so that a marriage contracted in NY may take a generation to be finally recognized in Texas. I may be wrong though and we may see tomorrow millions of Texans marching on the streets demanding that marriage between same sex partners be recognized in the State. I see it as highly unlikely, though/

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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9 comments

Howard M Lewis

Howard M Lewis

Posted

great counsel

Asker

Posted

Why is every lawyer on here asking like i asked them to predict the supreme court outcome? My question was like 2 sentences and i dont think easy to get lost in. I think it is amazing that you spend the first half of your paragraph whining that everyone asks you to speculate on things and the second half speculating on things i never asked about. "if the issue is left to the states.." ?? are you still talking about DOMA? "Will the Administration begin recognizing marriage in its contemporary broader " <--? How is the "administration" going to recognize it? do you mean the federal government? I only asked IF section 3 is struck down, what effects it may have on my situation, I would think that the way texas defines marraige would be somewhat extra-topical since immigration is a federal matter but if that is not correct, it would have been nice to hear about that instead of your guessing when millions of gay texans will march in the streets (??).

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You are rude and inappropriate. This is a free forum. You have the right to ask ridiculous questions. I have the right to answer them in whatever way I find appropriate. You do not appreciate my answer, do not spend time reading the essay, do not read it at all, what all care. Disregard it and move on thinking about what is going to happen if DOMA is stricken down. Good Luck.

Asker

Posted

You could give yourself the same advise, read the first two sentences of your answer: "It is amazing how people constantly ask immigration attorneys to engage in all kinds of conjectures, predictions and speculations. We are not political commentators and cannot really do that" yes it was free but really, every lawyer on here is either responding just to say they want doma upheld, or lashing out in some way or just peaking gibberish like they never took a government class. I think its rude as well. If you cant answer a question, move on.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I was not rude. I was trying to explain to you that most of us in the community of immigration attorneys are up against this very question, worded in this or that way every day of our profesional life. I was trying through your question to politely tell people concerned that it is truly unknowable at this point. Some people like me hope DOMA will be overturned but are not sure about it. Other people hope for the oposite outcome. No one knows which side will be claiming victory, but until DOMA is overturned, questions like yours are calls for speculation. You would not want us to do that, would you? You need to take a chill pill and do it soon.

Asker

Posted

see now that looks like an honest and cordial answer to my original question. Thank you.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

It was always honest and cordial. You should try to understand what you are told before reading into it something that had not been meant.

Howard M Lewis

Howard M Lewis

Posted

holy mackeral

Alexander Joseph Segal

Alexander Joseph Segal

Posted

:)

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