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?
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
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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.
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They have to be legally married under laws of a country or a state where they are getting married.
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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.
Michael A. Harris, Esq.
Attorney at Law
Florida Bar Board Certified Specialist in Immigration & Nationality Law
Please view my contact information for more information about my professional background.
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