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Tag: LGBT

  • Overview of the Same-Sex Marriage Process

    Since the repeal of DOMA in June of 2013, U.S. citizens and green card holders can petition for their same-sex spouses to reside permanently in the U.S. However, many same-sex couples worry that their application will be handled differently because they are not an opposite sex couple. Fortunately, same-sex couples are treated no differently than […]

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  • Immigration for Same-Sex Partners: Frequently Asked Questions

    Since the Supreme Court’s ruling in 2013 that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, USCIS has fully accepted petitions and applications on behalf of bi-national LGBT couples who are legally married. Immigration visa petitions filed on behalf of same-sex couples are adjudicated in the exact same manner as those filed […]

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  • Green Cards for Same Sex Marriage

    Managing Partner Rosanna Berardi discusses the process of obtaining a marriage based green card for same-sex couples. Rosanna outlines the different paths which are available during this process and helpful information to remember about each.

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  • Entry guidance for same-sex couples at U.S. ports of entry

    As reported last month, the Supreme Court has struck down the Defense of Marriage Act (DOMA). DOMA is no longer an impediment in recognizing same-sex couples under the Immigration and Nationality Act (INA), so long as the marriage is valid under the laws of the state where it was celebrated.  While other immigration agencies, like […]

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  • Same-Sex Spouses of Diversity Visa 2013 Winners May Be Eligible for Green Cards

    Paraphrased from AILA LGBT Working Group July 15, 2013 The deadline for submitting an Application to Register Permanent Residence or Adjust Status (I-485) for winners of the 2013 Diversity Visa (DV) lottery is fast approaching; an adjustment of status application must be approved or immigrant visa issued by September 30, 2013. With the decision of […]

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  • Supreme Court strikes down DOMA – how does this affect immigration and same sex couples?

    In a 5-4 decision, the Supreme Court has struck down the 1996 Defense of Marriage Act which blocked federal recognition of same-sex marriages.  In writing the decision, Justice Anthony Kennedy characterized DOMA as promoting, “deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”  So how does this affect immigration for […]

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  • AILA President Laura Lichter discusses "next steps" in obtaining same-sex immigration benefits

    The American Immigration Lawyers Association has posted the following video in “question and answer” format with AILA President Laura Lichter.  Ms. Lichter appears optimistic that the recent overturning of the Defense of Marriage Act (“DOMA”) will open pathways for temporary and permanent immigration options of same-sex couples already in, or coming to, the U.S.  

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  • Immigration Attorney for Same-Sex Couples

    Supreme Court strikes down DOMA – how does this affect immigration and same-sex couples? In a 5-4 decision, the Supreme Court has struck down the 1996 Defense of Marriage Act which blocked federal recognition of same-sex marriages.  In writing the decision, Justice Anthony Kennedy characterized DOMA as promoting, “deprivation of the equal liberty of persons […]

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  • LGBT Safety, Immigration and Travel Issues (Part One of Three)

    While there are a number of countries that provide legal protections to LGBT travelers, others do not.  Additionally, there are countries that even criminalize consensual same-sex relationships.  Individuals convicted under these laws face harsh penalties.  Before choosing an international travel destination, LGBT travelers should be aware of local laws and biases at international destinations, and […]

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