Thanks to the Supreme Court over turning DOMA, immigration benefits are now available to same sex-couples.
Since the passage of the Defense of Marriage Act, same sex couples have been denied immigration benefits that arise from marriage. However, as of June 26, 2013, same-sex partners of U.S. citizens and permanent residents may now be sponsored for green cards to live in the U.S. with their partners.
Available Immigrant Benefits
Family Based visas and permanent residency :
- K-1 Fiancé Visas: couples who intend to marry within 90 days of fiancé's admittance into the US
- K-3 Marriage Visas – for same-sex spouses of US citizens who are foreign nationals living overseas
- Form I-130, Petition for Alien Relative
- Immigrant visas obtained through consular processing – for those residing overseas
- Adjustment of Status to obtain a Green Card – for alien spouses in the US on other visa type
Employment/ Business Visas
Now gay and lesbian individuals can accompany their same-sex spouses who hold employment-based visas such as:
- H-4 visa for the spouse of an H-1B Specialty Occupations visa holder
- L-2 visa for the spouse of an L-1 Intracompany Transferee visa holder
- E-2 derivative visa for the spouse of an E-2 treaty trader or treaty investor
- Green-card benefits for spouses of EB-5 investors
Removal Proceedings
Same-sex couples may seek protection from deportation via some forms of relief:
- Cancellation of removal
- Adjustment of Status in proceedings
- I-212(h) waiver
If you have any questions or would like assistance petitioning for your partner please contact Henson Pachuta, PLLC by phone at 703-822-4701 or by email at info@hensonpachuta.com.
