Supreme Court Ruling on DOMA - What does this mean for family-based petitions?

Asked about 1 year ago - New York, NY

Now that the SC has ruled that the DOMA is unconstitutional, does that mean that same sex couples who are apart because one is not an American citizen can now get together through a family-based green card petition?

Attorney answers (6)

  1. Michael Hugh Carlin

    Contributor Level 18

    5

    Lawyers agree

    Answered . I think we'll need to wait and see exactly what USCIS and the Dept. of State will do to respond to the decision. DHS today indicated that they will respond. See the link below:

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  2. Tsirina Goroshit

    Contributor Level 14

    2

    Lawyers agree

    Answered . They have to be legally married under laws of a country or a state where they are getting married.

    The above is intended as general information only and cannot be relied upon as legal advice. Call (212)880-1538... more
  3. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . Only if they are married and possibly only if immigrating or living in a state where same-sex marriage is recognized.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Andre R. Olivie

    Contributor Level 18

    3

    Lawyers agree

    Answered . I think it will happen soon. I plan to apply for same-sex married couples who are seeking adjustment of status. The secretary of homeland security has stated after the DOMA rulling that they are working on implementing the necessary changes in immigration policy. So its not clear but probably yes.

    www.olivielaw.com

    Andre Olivie
    206-724-1940

    Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not... more
  5. Michael A Harris

    Contributor Level 12

    2

    Lawyers agree

    Answered . I have written an article which outlines the possible changes that will be coming. See below.

    Sincerely, Michael A. Harris, Esq. Attorney at Law Florida Bar Board Certified Specialist in Immigration &... more
  6. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . Not under the present INA statutory reguilations.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,363 answers this week

3,242 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,363 answers this week

3,242 attorneys answering