U.S. immigration benefits for same-sex legally married couples

Michael Cho Immigration Lawyer

Effective immediately after the U.S. Supreme Court decision holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, immigration visa petitions filed on behalf of a same-sex legally married spouse shall be reviewed in the same manner as those filed on behalf of an opposite-sex spouse.

Practically, this means that a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national may now sponsor his or her spouse for a family-based immigrant visa.  U.S. citizens may also file for a K-1 Fiance Visa on behalf of their same-sex fiance.  Further guidance from the USCIS is expected as it implements regulations to comply with the U.S. Supreme Court decision.