The United States Supreme Court paved the way for fundamental changes to the U.S. immigration process in a case called U.S. v. Windsor. Based on the results of this decision, same-sex couples now have the same benefits as straight couples when it comes to U.S. immigration laws.
While LGBT couples can now finally take advantage of the opportunity to live together in America, immigration based on same sex marriages is relatively new. It is essential that your family seek representation from a qualified and experienced Maryland immigration lawyer for help understanding the process of family-based immigration.
Miranda & Weisman, LLC can assist U.S. citizens and permanent residents as well as their fiancés or spouses and children. Call today to learn more about how we can help you take advantage of the fact that you now have equal rights under immigration laws: 410-321-4994.
When the Supreme Court held that Section 3 of the Defense of Marriage Act was unconstitutional, federal departments were directed to implement the decision for same-sex legally married couples. United States Citizenship and Immigration Services (USCIS) acted quickly in order to make it possible for U.S. citizens and lawful permanent residents to sponsor their spouses for a family-based immigration visa.
It is also possible for a U.S. citizen to obtain a fiancé visa so that his or her same-sex partner may come to the United States in order to get married.
There are different forms and paperwork that must be completed depending on whether the immigration is based on an existing marriage or whether you are hoping to bring your fiancé to this country. For example, to sponsor your spouse, you need to file a Form I-130 application along with required documentation. To allow a fiancé to come and live in the United States you need to file Form I-129F.
Regardless of which process, you must ensure you comply with all USCIS requirements and that you are prepared for all steps of the immigration process. Many LGBT families have waited a long time to be able to use the immigration laws the way that straight couples can, and you do not want any further delays because of improperly prepared paperwork. A Maryland immigration lawyer will guide you at every step of the process so your family can be together as soon as possible.
While same sex marriage is not recognized in all states in the U.S., nor in all countries, this should not affect your ability to live together as a family in the United States. You will need to understand what the best approach to take is, but federal laws related to LGBT immigration trump state rules regarding whether your marriage will be locally recognized or not.
As the laws are still evolving, LGBT immigration is complicated. It is wise to seek out legal representation as soon as possible. Call a Maryland immigration lawyer at Miranda & Weisman, LLC today to speak with a member of our legal team and to learn more about how we can help you. Our team can be reached at: 410-321-4994.