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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?

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Attorney answers 6


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.


Not under the present INA statutory reguilations.

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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.


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.

Andre Olivie

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.


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


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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