DOMA Struck Down – Its Impact on Same-Sex Marriage Visa & Immigration Benefits

The U.S. Supreme Court today ruled that the Defense of Marriage Act (DOMA) is unconstitutional.  In essence, the Court said that the Federal government could not treat legally married same-sex couples differently from other legally married couples.

What Does This Mean For Immigration Purposes?

With this ruling, Gafner Law Firm is confident that the immigration agency will soon begin accepting and approving the immigration benefits for same-sex couples.  However, the firm cautions that it may take a little bit of time for the immigration agency to work out the logistics of the process.

What Can Same-Sex Couple’s Do Now To Obtain Immigration Benefits?

Now that DOMA is invalidated, the immigration agency is required to treat same-sex married couples the same as any other couple.   Same-sex married couples should prepare to file marriage visa applications by:

The immigration agency has always been paranoid about whether a marriage is a good-faith marriage – and the firm believes that the immigration agency may be extra vigilant in same-sex marriages.  Therefore, the firm suggests speaking to an immigration lawyer to ensure that a couple is adequately prepared to file.  Please contact the Firm if you would like to speak to a New York attorney about the possible options available to Same-Sex Married Couples.

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