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Gay Marriage Immigration Law in New York

Until recently, homosexual couples did not have the same immigration rights as heterosexual couples. 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.

This gave the right to obtain permanent resident status (Green Card) through a same-sex spouse who is a U.S. citizen or permanent resident. 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 gay immigration attorneys!

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 gay 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!

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