Same-Sex Married Couples Eligible for Immigration Benefits
On June 26, 2013, the U. S. Supreme Court in United States v. Windsor,
held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional.
As a result, same-sex married couples, where one spouse is neither a U.S.
citizen nor permanent resident, may be eligible for immigration benefits. DOMA
is a federal law that limited the recognition of marriage to only opposite-sex
couples. Since Section 3 of DOMA was ruled unconstitutional by the U.S. Supreme
Court, the federal government cannot exclude same-sex couples from federal law
benefits and programs, to include the immigration laws.
On June 26, 2015, in a landmark opinion, Obergefell v. Hodges, the
Supreme Court ruled that states cannot ban same-sex marriage. The U.S. is now
the 21st country to legalize same-sex marriage nationwide. Married same-sex
couples will now enjoy the same legal rights and benefits as married
heterosexual couples and will be recognized on official documents such as birth
and death certificates. All 50 U.S. states, 4 of 5 U.S. territories, and the
District of Columbia are fully compliant with the Obergefell decision.
As a result, U. S. federal immigration law allows a United States citizen or
permanent resident to legally sponsor his or her noncitizen same-sex spouse for
permanent residence on the basis of their marriage. Permanent residence allows
noncitizens to live and work in the United States indefinitely. Thus, the
foreign national in a same-sex marriage can now obtain a “green card.”
Please call our office to schedule a meeting with one of our attorneys who
will be able to explain in more detail what your options may be and how we may
assist you in the process.
NOTE: Foreign nationals seeking lawful status in the U.S. are subject to all
immigration laws, and even with a lawfully recognized marriage, may be
inadmissible or otherwise unable to obtain permanent residence in the U.S. on
other grounds, such as certain criminal convictions or immigration violations.
This is true of anyone seeking immigration benefits from the U.S. government.
The Law Firm of Antone, Casagrande & Adwers, P.C. helps individuals and businesses worldwide with all of their US immigration needs including employment visas, obtaining green cards for business and corporate employees and family members, visas for doctors, nurses, therapists, and other health care workers, together with waivers for physicians under J visa training program, labor certifications (PERM), national interest waivers, marriage-based adjustments and green cards, fiancee visas, family immigration preferences, students, naturalization and citizenship, including medical waivers, asylum, deportation, hardship waivers, voluntary departure and removal. We serve clients in southeast Michigan including the Detroit Metro area, Ann Arbor, and Lansing. With offices in Farmington Hills, MI, we are close to Southfield, Troy, West Bloomfield, Birmingham, Novi, Rochester and Auburn Hills in Oakland County; Canton, Plymouth, Dearborn, and Detroit in Wayne County; Warren, Sterling Heights, and Mount Clemens in Macomb County; Brighton and Howell in Livingston County; Lansing in Ingham County; City of Monroe in Monroe County, Ann Arbor in Washtenaw County; Grand Rapids in Kent County; Battle Creek in Calhoun County; Kalamazoo in Kalamazoo County; Benton Harbor in Berrien County; Holland in Ottawa County; Flint in Genesee County; Ludington in Mason County; Muskegon in Muskegon County; and Traverse City in Grand Traverse County, Michigan. Although many of our clients are located in the tri-county area of Wayne, Oakland and Macomb, we also serve clients in many cities and states in the U.S. including Cleveland, Toledo and Cincinnati, Ohio; Chicago, Illinois; Milwaukee and Green Bay, Wisconsin; Indianapolis, Indiana; Buffalo, New York; Los Angeles, San Francisco and San Diego, California; Phoenix and Tucson, Arizona; Dallas, Houston, El Paso and Galveston, Texas; Miami, Florida; Washington D.C.; Virginia, Minnesota, Pittsburgh and Philadelphia, Pennsylvania, and many others. In addition to the United States, we also serve Canadian nationals from numerous provinces in Canada, including Toronto and Windsor in Ontario; Montreal in Quebec; Halifax in Nova Scotia; and Vancouver, British Columbia. We also serve cities and countries such as London, England; Scotland and other countries of the United Kingdom (U.K.); Mexico, Paris, France; Frankfurt and Berlin, Germany; Tokyo, Japan; India; Brazil; Rome, Italy; Shanghai and Beijing, China; Belgium; the Philippines, and many other countries in Europe, Asia and South America.