On June 26, 2013, the U.S. Supreme Court held Section 3 of the federal Defense of Marriage Act (DOMA) to be unconstitutional. Section 3 had established the non-recognition of same-sex marriages for all federal purposes. Shortly after the U.S. Supreme court struck down Section 3, Secretary of Homeland Security, Janet Napolitano, directed the U.S. Citizenship and Immigration Services (USCIS) to extend immigration benefits to same-sex couples. In the words of Secretary Napolitano, “all married couples will [finally] be treated equally and fairly in the administration of our immigration laws.” Thereafter, the USCIS began reviewing immigration visa petitions filed by U.S. citizens or Lawful Permanent Residents on behalf of a same-sex spouse.
If you are in a same-sex relationship with a non-U.S. citizen, contact an attorney today to discuss whether you qualify to sponsor your partner for a green card.