New Opportunities For Same Sex Couple To Immigrate To The U.S.

By October 14, 2013Immigration
On June 26, 2013, the U.S. Supreme Court issued a decision in United States v. Windsor. On the one hand, the Court’s decision was very simple and direct. It awarded certain property to a deceased woman’s same sex spouse. However, in a big picture sense, this decision is very significant for same sex couples and has far reaching effects. One effect of the decision is that U.S. citizens may sponsor their same sex spouses for immigration benefits in the U.S.

Previously, due in part to the Defense of Marriage Act, only opposite sex spouses could sponsor each other for immigration status. Even if a same sex couple was legally married in a foreign country or in a state in the U.S. where such marriages are valid, the government agency which decides immigration petitions was prohibited from approving such applications. This prohibition forced same sex couples, where one individual was not a U.S. citizen or permanent resident, regardless of the legality of their marriage or long-term commitment to each other, to remain separated (with one spouse outside the U.S. and the other inside the U.S.), to live together outside of the U.S., or to live together inside the U.S. while the foreign national spouse was without lawful immigration status. The U.S. citizen in these relationships was forced to choose between separation from their partner or spouse or separation from their remaining family in the U.S.

However, the Supreme Court’s decision changed this situation. Now, same sex couples who are legally married in either a foreign country or in a state which recognizes such marriages have the same rights as opposite sex married couples have to obtain lawful immigration status for the foreign national spouse, based on their marriage. The process of sponsoring a spouse for immigration status in the U.S. can be extremely long, expensive and complicated. The process likely will be more so for same sex couples since they may face additional scrutiny into their relationship and may lack the type of evidence of their marriage possessed by more traditional married couples. Nevertheless, the impact of the Supreme Court’s decision in Windsor is likely to be viewed as a positive development which creates new opportunities for same sex couples.

For any questions, or a review of your situation, please contact one of Paule, Camazine & Blumenthal’s immigration attorneys, Melissa Nolan or Pete Gianino at (314) 727-2266.

Disclaimer

By: Melissa G. Nolan

Melissa G. Nolan

Melissa G. Nolan

St. Louis attorney Melissa Nolan's practice involves immigration law, as well as estate and tax planning. From helping individual immigrants to ensuring companies' I-9 forms are compliant through audits, Ms. Nolan is dedicated to making sure the laws are followed. Melissa’s estate and tax planning practice includes the preparation of estate planning documents such as wills, revocable trusts, powers of attorney, and health care declarations.

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