Excellent news for LGBT families! The U.S. Supreme Court has deemed section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. Since DOMA was a federal law and immigration law is also federal, this act prevented married LGBT couples from sponsoring their spouse and getting a green card for their same-sex partners. Now that this act has been shut down, gay and lesbian couples can obtain Green Cards for their foreign partners through marriage in the same way as straight couples.

The LGBT community has made great strides in the last few years with more and more states allowing for same-sex marriages. This change in the immigration law is a large victory which will affect countless bi-national families who are living in exile or living apart from their loved ones due to previous discriminations caused by DOMA.

So with the coming of this wonderful news, many of you are probably filled with more questions than answers. Do I qualify to sponsor my spouse for a Green Card? What are the requirements for getting a green card? What if I am not yet married? Can I sponsor my fiancée? Should I get married and where can I get married? These and many more questions also ran through our minds when we first heard the news. So we have done our homework and compiled a list of Questions and Answers for those of you who may be affected by the elimination of DOMA. Here is a little sample of what this change means for bi-national same-sex couples.

For one, it means that same-sex couples and their families will no longer be treated differently than different-sex couples when it comes to immigration law. It means that you may qualify to apply for a Green Card as long as you meet the same requirements as those of a straight couple. No longer will your sexual orientation be cause for discrimination. No longer will you be denied a Green Card based solely on the fact that you are in a same-sex marriage. If you are an American citizen or permanent resident in a same-sex marriage with a non-US citizen or permanent resident, you now have the option to sponsor your husband/wife and be treated with equal rights as those who are in heterosexual relationships.

Keep in mind, however, that immigration law is very complex and that there may still be barriers for some couples. Every situation is different just as every family is different and that is why we are here to help. Just as in any marriage-based immigration application, same-sex couples will have to prove the genuiness of their relationship. While you do not have to live in a state that allows for marriage equality, your marriage must be recognized in the state or country where the marriage took place. Don’t forget our neighbor to the north; Canada supports gay marriage so couples married in Canada can come to the U.S. to apply for a Green Card. In fact, Edie Windsor, the plaintiff in the United States v Windsor Supreme Court, married her wife in Canada.

We believe it is the right of every American, gay or straight, to be able to live freely and happily with their families. Whether you are a U.S. citizen or Permanent Resident, married or in a common-law relationship, living in the United States or any another country, we will do everything we can to help you overcome the barriers to immigration. Because we believe that what makes a family a family is the love that they share and not the composition of the family, we are willing to fight alongside you to ensure you get the rights that you deserve. No family should have to live in exile because of their sexual orientation. There are many options for you. Give us a call, send an email, or leave us a comment below. Our immigration representatives are always available to answer your questions and lead you in the right direction.

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