The Defense of Marriage Act (DOMA) is a United States federal law that was enacted in 1996. DOMA restricted the scope of federal marriage benefits and also restricted inter-state marriage recognition only to opposite-sex marriages in the United States. On June 26, 2013, the Supreme Court struck down DOMA and ruled that it was unconstitutional – entitling married same sex couples to the same federal benefits as opposite-sex married couples. As of June 26, 2015, the Supreme Court of the United States held that all states must allow same-sex marriage and that a failure to do so would be unconstitutional under the 14th Amendment.
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U.S. Citizen and Legal Permanent Resident PetitionsAny United States citizen or legal permanent resident who is validly married to a foreign national may now sponsor his or her spouse for a family-based visa, regardless of the gender of each partner within the marriage. Current immigration laws and procedures still do apply, so although this change in policy does not fully guarantee that a family-based visa will be granted, same-sex partners can now no longer be denied a visa on the grounds that their marriage is not legally recognized.
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States Where Same Sex Marriages Not RecognizedAlthough the repeal of Section 3 of the Defense of Marriage Act (DOMA) granted federal recognition of same-sex marriages, many legally married same-sex couples live in states where same-sex marriages are not recognized. When applying for a green card, the laws of the state of residence of the applicant and his/her sponsor are irrelevant. As long as the couple was validly married in a state which recognizes same-sex marriage, the foreign partner is eligible for a family-based visa.
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Applications That Were Previously Denied (DOMA)USCIS will reopen those petitions or applications that were denied solely because of DOMA (Defense of Marriage Act) Section 3. If such a case is known or brought to the attention of USCIS, they will reconsider the prior decision, as well as reopen associated applications. If your work authorization was denied or revoked based upon the denial of the Form I-485, the denial will be concurrently reconsidered, and a new Employment Authorization Document issued.
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What are my options?Although researching your options and finding the right kind of immigration help can be difficult, it doesn't have to be. At Heller Immigration Law Group, we are skilled in preparing petitions encompassing a wide variety of industries and occupations. We take particular pride in our track record, assisting companies and individuals throughout the Silicon Valley and Greater San Francisco Bay Areas. Our attorneys are available to consult with both individuals and families to discuss same-sex immigration options and responsibilities. Just tell us about your situation or case, and let us do the work for you!
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