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

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. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. Not under the present INA statutory reguilations.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  3. 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 Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  4. 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 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.


  5. 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 for detailed evaluation of your case. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore, You should consult an attorney about your particular situation. Visit us at WWW.USIMMIGRATIONPLUS.COM Contact Immigration Law Offices of Tsirina Goroshit at 275 Madison Avenue, 4th Floor New York, NY 10016


  6. 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 & Nationality Law HarrisLaw, P.A. Please view my contact information for more information about my professional background. DISCLAIMER: This online posting does not create an Attorney-Client relationship between you and HarrisLaw, P.A. unless you have received a signed written fee agreement for legal representation.

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