Wednesday, July 3, 2013

Same-Sex Legally Married Couples Eligible for Immigration Benefits

As the Supreme Court ruled that DOMA is unconstitutional, the door has opened for the sex-same legally married couples to seek immigration benefits. 

A U.S. citizen or lawful permanent resident in a same sex marriage to a foreign national can now sponsor a spouse for a family-based immigrant visa.   The spouse's eligibility will be determined under the applicable immigration law and his or her application will not be denied as a result of the type of marital union.   Couples living in a U.S. state that does not recognize same-sex marriage should be able to apply provided that the marriage took place in a state that does recognize same-sex unions.

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