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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.

Receive your 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 Law PC 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 Law PC 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 information.

Green Card Application Assistance: Musa-Obregon Law PC

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 Law PC 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 residency petition.

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!

Our Past Clients Share Their Experience

We Want to Help You Succeed
  • “Whether your case is civil or criminal, Mike has the intelligence and knowledge of the law to provide the best possible outcomes for his clients.”

    Roland Larkin, Former Superintendent NY State
  • “He is hands down the best lawyer I have ever used.”

    Billy R.
  • “Gracias a su gran trabajo obtuve mi Permiso de Trabajo y Residencia Permanente en menos de Dos años!”

    Former Client
  • “Now we are here to stay and can get green cards.”

    Polish family
  • “Michael's experience in criminal and immigration law is unsurpassed.”

    Rhonda deJean, Immigration Attorney
  • “He is also a knowledgeable and eloquent trial attorney with exceptional skills.”

    Rami F.
  • “He helped my loved one get out of deportation quickly for a very, very reasonable fee.”

    Kynga
  • “Caring and helping our entire community.”

    Rev Erick Salgado Dem Candidate for NYC Mayor 2013
  • “Thanks to their hard work got my Work Permit and Permanent Residence in less than two years!”

    Former Client
  • “Passionate and effective representation of his clients in various courts.”

    Ade Agbayewa, Esq., New York Criminal Defense
  • “He knows both criminal and immigration law like the back of his hand.”

    Nilay Shastry, Esq.
  • “Gracias a Dios y al trabajo realizado por ellos, ahora estamos compartiendo la compañía de mi sobrina aquí en New York.”

    Aminta Gonzalez
  • “This firm's outstanding dedication has actually inspired me to switch careers. I have recently been accepted to law school and I truly thank Musa-Obregon and Associates for inspiring me.”

    Cristina C.
  • “I have looked up to Michael as a successful attorney, and on occasion for legal consultation and input on my own cases.”

    Abdul Abdurahman, Esq.
  • “Everything you told us was true even when every other lawyer said it couldn't be done!”

    Rocio S.

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