NYC Immigration Lawyer for Same-Sex Couples
New York Gay and Lesbian Immigration Attorney
Until recently, homosexual couples did not have the same immigration rights
as heterosexual couples, specifically, the right to obtain permanent resident status (Green Card) through a spouse who is a U.S. citizen or permanent resident. In a majority
decision by the United States Supreme Court, the Defense of Marriage Act
(DOMA) was struck down. This federal law, enacted in 1996, permitted individual
states to refuse to recognize same-sex marriages.
Under federal law, gay and lesbian spouses now have access to some of the
same immigration rights and benefits that were previously only available
to heterosexual couples. Although at least twelve states had previously
legalized gay marriage, opinions on immigration rights for those same-sex
couples were still vague.
free initial consultation with our NY immigration firm!
It is now legal for a non-citizen spouse to be sponsored for a Green Card
by his or her partner. If you are interested in obtaining permanent residency status through
this route, contact a
New York City and Queens immigration lawyer from Musa-Obregon & Associates today. Previously, if a non-resident
spouse in homosexual union wanted to obtain a Green Card, they would have
to ask their employer to sponsor them. Some even sought political asylum.
With the recent changes in federal law, these impediments are no longer
in the way of gay and lesbian couples. The New York City same-sex marriage
immigration attorneys at Musa-Obregon & Associates are proud to represent
same-sex couples who are seeking permanent residency through spousal sponsorship.
We represent individuals throughout Queens, Brooklyn, The Bronx, Manhattan,
Rockland County and Westchester County.
Steps to Bring Your Spouse to the U.S.
According to the U.S. Citizenship and Immigration Services (USCIS), there are two main factors that determine eligibility when brining
your spouse into the U.S. To sponsor a non-citizen, you must either be
a Green Card holder or a U.S. citizen yourself. In either category, there
are two different requirements for filing based on whether your spouse
is currently inside or outside the U.S.
U.S. Citizen Sponsors: If you are a citizen of the United States, there are two avenues by which
you may sponsor your spouse for a Green Card. If your spouse is currently
residing in the U.S., you will need to file Form I-130 as well as Form
I-485. If your spouse is currently residing outside of the U.S., you must
first file Form I-130 and then wait for approval and processing information.
Green Card Holder Sponsors: If you are currently a permanent resident of the United States, there are
two avenues by which you may sponsor your spouse for a Green Card. If
your spouse is currently in the U.S. (provided that their residency is
through lawful admission), you must file a Form I-130. Only after a visa
number has become available can you take the next step and adjust status
to permanent resident via Form I-485. If your spouse is currently residing
outside of the U.S., file Form I-130 and then wait for approval and processing
Green Card Application Assistance: Musa-Obregon & Associates
The June 2013 Supreme Court Decision marked a major change in U.S. immigration
law. Currently, there are many gay and lesbian spouses in New York City
and surrounding areas who want to file or may have already filed forms
for permanent residency. This sweeping change will likely result in many
previously denied Green Card applications being reassessed.
If you are looking for an attorney to help you with the Green Card application process,
Musa-Obregon & Associates can help you navigate through the U.S. immigration process. Our firm stays
current on all legislation that could have an effect on immigration law,
so you can be confident when choosing our firm for your same-sex permanent
If you would like more information or would like to speak directly with
a lawyer at our firm about your case, please do not hesitate to
call our Queens same-sex marriage immigration attorneys today!