Ask A Lawyer: Immigration Issues

Q: My name is Jose, I'm a U.S. citizen and my boyfriend is from South America. In short, we're bi-national curious.� Is there any way we can legally stay together in the United States?

A:� Jose, as a United States citizen you are permitted�to petition for your fianc�' or spouse's green card. Prior to the Defense of Marriage Act (DOMA) being ruled unconstitutional last year our community was blocked from taking advantage of such immigration rights. On June 26th 2013, the U.S. Supreme Court found Section 3 of the Defense of Marriage Act (DOMA), 1 U.S.C. � 7, to be an unconstitutional exercise of federal authority and a violation of the equal protection guarantee of the United States Constitution. Pursuant to this ruling, the United States Citizenship and Immigration Services (USCIS) now views gay and lesbian marriages between U.S. citizens or Lawful Permanent Residents ("green card holders") and non-citizens as sufficient to confer immigration benefits.
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All of the legal jargon boils down to the fact that our community now has the same federal immigration rights as our heterosexual counterparts. In your case you have several different options. The best option being, if your and your boyfriend are both inside of the US, then you can get married and file for his green card without him having to leave the country. �
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There are many more details that will need to be covered before moving forward, as every situation is different and I'll need to speak with you before I can fully advise you. My office provides free telephone consultations for LGBT couples looking to get green cards. Contact my office and the team will set up a time for you and your boyfriend to speak with me and go over everything in I detail.
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Q:� Hi my name is Stacy-Ann. My wife Lindsey and I got "Canadian married" several years ago, Lindsey is Australian, but got a work visa a couple years ago and lives here with me in Houston. Is there anything we can do with our Canadian marriage or do we need to get married in a state that allows gay marriage? Thanks for the info.
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A: Hi Stacy-Ann, the most important thing to remember is; if the country (or US�state) were you were married recognizes same-sex marriage then the marriage is legitimate for US Immigration purposes,�regardless of where you live.�Therefore, since Canada permits same-sex marriage your marriage is valid for US Immigration purposes, even if you later reside in a State that does not permit same sex marriage. For Lindsey's case, I'll need a bit more detail on the work visa, but assuming that you are a US citizen, we can petition for her green card using your Canadian marriage certificate.� Contact my office so we can get the ball rolling on this for you ladies.
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Important note for the readers:
It's important for everyone to understand, if you are married to a US citizen then your spouse can petition for your immigration rights. If you are not yet married you can travel any of the states that permit same-sex marriage. There are no residency requirements for getting married, therefore you can get married in New York for example and then return home to Texas and file your immigration petition. There are many immigration options for LGBT couples, but immigration law is very complex. I strongly advise against attempting to file petitions without seeking the assistance of a skilled immigration attorney. My office provides free legal consultations for same-sex marriage cases, so if you have questions you'd like answered email them to info@ckinsellalaw or give us a call (954-304-2243).

For more detailed information on this topic, contact Attorney Caro Kinsella, Immigration Attorney. Her team of legal experts specialize in gay immigrations matters, and will assist you with green cards, visas and all other US Immigration matters. Click here to contact the attorney's office directly.

This story is part of our special report: "Ask An Immigration Lawyer". Want to read more? Here's the full list.