I have been studying in the USA on a visa and met my partner and am looking to get married now which would allow me to stay in the US and work. Now that DOMA has been repealed is this possible/
The Department of Homeland Security has indicated that it will begin to ensure that immigration benefits are made available to all who are legally married. Although no official guidance has been issued, similar interpretations in the past related to transsexual marriage indicated that the marriage had to be valid in the state where it occurred. As a result, it is likely that you would need to get married in a state that recognizes same sex marriage.
You can read the statement from DHS Secretary Janet Napolitano below.
I have been waiting for over two years to answer your question with a resounding.. YES ! !!
My solo practice focuses primarily on Marriage-Based Green Cards for gay and les couples - So, if you two have any questions, please don't hesitate to call or email me. I'm happy to share more good news !
Rachel Einbund, Esq.
Yes, now that section 3 of DOMA (Defense of Marriage Act) has been found unconstitutional, you will be able to apply for a relative visa based on marriage to a US citizen as long as you get married in a state where same sex marriages are legal. You should consult with an experienced immigration attorney.
Yes. Secretary of Homeland Security Janet Napolitano released a statement yesterday stating: “I applaud today’s Supreme Court decision in United States v. Windsor holding that the Defense of Marriage Act (DOMA) is unconstitutional. This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits. I am pleased the Court agreed with the Administration’s position that DOMA’s restrictions violate the Constitution. Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws."
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