June 9, 2014
Ask A Lawyer: Immigration Issues Part Two
EDGE READ TIME: 2 MIN.
We are constantly receiving calls from LGBT couples and families from all over the U.S. looking to take advantage of their immigration rights through marriage.
As of June 26th 2013, when the U.S. Supreme Court found Section 3 of the Defense of Marriage Act (DOMA) to be an unconstitutional exercise of federal authority and a violation of the equal protection guarantee of the United States Constitution, our community has had equal immigration rights under Federal law.
Since this historic ruling many states have ruled their ban on same sex marriage unconstitutional and there has also been an increasing number of state attorney generals who refuse to defend their own state laws.
For immigration purposes, you do not have to live or reside in a marriage equality state in order to file a petition for your spouse or fianc�. Once you are married in a U.S. State or Country that permits same-sex marriage, you are then permitted to live wherever you want to in the States, we then can file your marriage green card adjustment petition with either US Immigration or with the US consulate where you reside (if you are outside the States).
Current Marriage Equality States:
Currently, same-sex marriage is legal in the following states: California, Connecticut, Delaware, Hawaii, Iowa, Illinois, Massachusetts, Maine, Maryland, Minnesota, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and the District of Columbia.
As the fight continues:
Florida, Virginia and Mississippi are just a few of the unexpected states currently engaged in the freedom to marriage battle. Along with Louisiana, which has also filed a case just this year and has scheduled oral arguments for later on this month many people are taking a stand and demanding the freedom to marry.
It has been just under one year since DOMA was ruled unconstitutional, since then my office has successfully assisted more than one hundred LGBT couples and families apply for their immigration rights. My firm offers nationwide visa assistance; therefore we can help with your case no matter where in the country you live.
Pride Special for EDGE Readers Only:
It is important that you know your Immigration rights, our community has been robbed of our Immigration rights for so long that we cannot afford to miss out or be misinformed. Instead we must stand together and continue to fight until there is the freedom to marry in all 50 US states!
If you need immigration assistance don't live in fear anymore, visit http://gayimmigration.guru and request a legal consultation, I will personally speak with you and advise on your best immigration strategy. My office offers free legal consultations for same-sex marriage petition cases (unless the specific case is of a complex nature).
During pride month my office will also offer a special discount for new marriage petitions cases, contact us for details.
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.