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Same sex marriage and immigration

Los Angeles, CA |

So now after DMOA can same sex marriage for green card? how soon they can apply? and what document they need to attache with application

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Attorney answers 4


Yes this is good news for many people.

BUT don't get too super excited. The decison is barely 24 hours old ... it will take MONTHS and MONTHS before CIS decides what to do.

Plus, with immigration reform being discussed in the Congress right now ... we need to be cautious about some of the 'conservative' Congresspeople .. they could stick an amendment in.

Stay tuned.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


So now after DMOA can same sex marriage for green card?
At least in states that recognize same-sex marriage.
how soon they can apply?
Once they are married.
and what document they need to attache with application
See the instructions to the required forms.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

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.


The Supreme Court’s decision will have a big impact on cases involving United States citizens who are seeking green cards for foreign spouses of the same sex, and the Obama Administration is acting swiftly to change its visa policies in light of the Supreme Court's invalidation of DOMA. Already today, just one week after the court's decision, an American man in Florida and his Husband, who is from Bulgaria, became the first same-sex married couple to be approved for a permanent resident visa.

The visa agency (United States Immigration and Citizenship Services) is supposed to announce new procedures early this week for same-sex binational couples seeking green cards.

For the last two years, the visa agency has kept a list of same-sex couples whose green card petitions were denied. Those denials will now be reversed without couples having to present new applications, if no other issues have arisen

Good luck!


They can apply right after they got married, at least here in California. About the documents - its not just an application, its a group of forms and supporting documentation. A consultation with an Immigration attorney should answer your questions completely.

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