Dallas, Texas (PRWEB) July 23, 2013 -- As of July 1st, gay Americans who chose to live outside the United States because their foreign national partners would not be admitted to the U.S. can now come home and file for Fiancé/Fiancée Visas or Spousal Visas to bring their loved ones to the United States.
Dallas Immigration Attorney, Wendy Whitt explains, “The Defense of Marriage Act (DOMA) is no longer the law of the land and formerly disenfranchised gay and lesbian Americans are indeed coming home. Because of this landmark ruling, 30,000 gay Americans no longer have to choose between love and country.”
In June, the U.S. Supreme Court struck down Section III of DOMA. Same-sex marriage is now recognized under United States immigration law, meaning heterosexual and same-sex couples will be treated equally in immigration cases – even those who reside in a state that does not currently recognize same-sex marriage.
July 1, 2013 Statement from Secretary of Homeland Security Janet Napolitano:
“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.”
Are you wondering how the elimination of DOMA will affect same-sex couples? Immigration Attorney Wendy Whitt explains two important points that clients are inquiring about again and again:
“If you are a U.S. citizen or lawful permanent resident in a same-sex marriage with a foreign national, you can now sponsor your spouse for a Family-Based Immigrant Visa.
To sponsor your spouse, you will need to file a petition with USCIS. All immigrant visa applications and adjustment of status applications (“green card” applications) will be based on applicable immigration law. The fact that you and your spouse are in a same-sex marriage will no longer cause USCIS to deny your case.”
Whitt continues, “If you and your spouse were married in a U.S. state that recognizes same-sex marriage, but live in a state that does not, you can still file an Immigrant Visa petition for your spouse. In general, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes.”
Whitt happily concludes, “All Americans can now have both love and country.”
The Whitt Law Firm, P.C., a Dallas Immigration Law Firm, supports this landmark change and welcomes same sex couple cases, including, but not limited to, Fiancé/Fiancée Visas, Marriage Visas, Adjustment of Status, Consular Processing for Derivative Family Members, and Refugee and Aslyee Follow-to-Join cases.
If you’d like more information about this topic or to schedule an interview with Immigration Attorney Wendy Whitt, please call Wendy at 214-431-5237 or email her at [email protected].