SAME SEX MARRIAGE
Since the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, same-sex marriage couples are entitled to federal benefits. This means that visa petitions filed on behalf of 
a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.
The new federal immigration benefits also confer the right to green card to the foreign spouse’s children, parents, and siblings as well as the siblings’ spouses and minor children in the United States.
Petitioning for Spouse. File for a family-based immigrant visa on Form I-130 in the same manner as opposite-sex
Petitioning for your fiancé or fiancee. You may file a Form I-129F, and as long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage.
Example by USCIS:
Q:My spouse and I were married in a U.S. state or a foreign country that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?
A: Yes. As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage, we will apply all relevant laws to determine the validity of a same-sex marriage. The domicile state’s laws and policies on same-sex marriages will not bear on whether USCIS will recognize a marriage as valid.
Applying for Naturalization. Naturalization is available after a required residence period of three years, if during that three year period you have been living in “marital union” with a U.S. citizen “spouse” and your spouse has been a United States citizen.
Inadmissibility Waivers. In cases where the required family relationship depends on whether the individual or the individual’s parents meet the definition of “spouse,” same-sex marriages count for that purpose.
Relief from removal. In immigration court where a relief from removal depends on whether the individual or the individual’s parents meet the definition of “spouse,” same-sex marriages count for that purpose.
Derivative Visas. Same-sex spouses of gay, lesbian, bisexual, and transgender foreign nationals who received employment-based visas can now come along to the United States through derivative visa benefits:
- H-4 visa for a spouse who holds an H-1B Specialty Occupation visa
- L-2 visa for a spouse who holds an L-1 Intracompany Transferee visa
- E-2 visa for a spouse who holds an E-2 treaty trader or treaty investor visa
- R-1 visa to accompany the spouse of a religious visa holder
- Green-card eligibility for spouses of EB-5 investors
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
Affidavit of Support, Form I-864, is legally required for many family-based and some employment-based immigrants to show they will have adequate means of support after immigration to the United States. Every petitioner for his or...
