LGBT Immigration Consulting Services
Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013:
“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
A U.S. citizen or lawful permanent resident in a same sex marriage to a foreigner is eligible to sponsor and file a form I-130 for his/her spouse, regardless if the couple live in a state that does not recognize the marriage legally, as long as the marriage took place in state or country where it was legally recognized.
A U.S. citizen who is engaged to be married to a foreigner of the same sex can petition for his/her fiancé or fiancée by filing form I-129F, which will allow your fiancé to enter the United States for marriage.
Same sex marriages can reduce the residence period required for naturalization. Naturalization requires five years of residence in the United States following admission as a lawful permanent resident, but according to the new immigration laws, naturalization is available after a required residence period of three years, if during those three year period you have been living in a martial union with a U.S. citizen spouse and your spouse has been a United States citizen.
A U.S. citizen or lawful permanent resident in a same sex marriage to a foreigner is eligible for a wide range of benefits under the terms “marriage” or “spouse.” USCIS will reopen those petitions or applications that were denied due to same sex marriages. Examples of such petitions are:
» Form I-130
» Form I-485
For professional assistance with completing your citizenship application contact Linton Imigration Services for a FREE Consultation.