In 2013 in a much-anticipated decision, the U.S. Supreme Court declared Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. U.S. Citizenship and Immigration Services (USCIS) may now review and approve immigrant visa petitions filed by a same-sex spouse in the same manner as those filed by an opposite-sex spouse.
It is important to note, however, the law of the place where the marriage was conducted determines whether it is legally valid for immigration purposes. If the couple is married in a state that recognizes same-sex marriages, USCIS will therefore recognize petitions filed on behalf of a same-sex spouse. This is the case even where the couple later resides in a state that does not recognize same-sex marriages.
Please contact our office to schedule a consultation with one of our immigration attorneys to discuss your particular situation and how we can assist with a petition for you and your loved one.