Ask A Lawyer: Immigration Issues Part Three

This week marks the one year anniversary of the landmark Supreme Court decision striking down parts of the Defense of Marriage Act (DOMA). Since the defeat DOMA, the United States Citizenship and Immigration Services (USCIS) now allows those in same-sex marriages between U.S. citizens or green card holders, the same rights as everyone else.

Immigration Equality

Q - I'm half of a multi-national couple. Last year we married in New York but currently reside in Virginia where same-sex marriage is still illegal. Are there any remaining federal laws, hurdles or policies specific to same-sex couples that could prevent my husband from staying in the country?

A - The LGBT community now has immigration rights equal to those granted to heterosexual families. "Whether it is a marriage petition, a citizenship application or someone just wants their fianc' to come over, it is an even playing field now for everybody," said Attorney Kinsella. As long as a marriage is valid in the state or country in which the marriage took place, one is able to apply for federal immigration benefits. Referred to as the "celebration law," what is important is where the marriage is performed, not where one resides. Living in a state that does not allow same-sex marriage, does not affect the marriage status and therefore does not impact the immigration benefits now afforded to same-sex couples. American citizens who are in same-sex relationships with non-citizens now have U.S. immigration rights equal to heterosexual bi-national couples. Gay and lesbian couples may now petition for spouse's green card if they are a lawful resident. Green card holders can petition for their spouse and children, but it is not an immediate process.

Q - My wife's visa expired and I'm worried about her being deported. I know that marriage rights have changed for gay couples since the Supreme Court ruling last year, but I'm worried about technicalities and loopholes. How difficult is this to navigate? Is it something we can do ourselves?

A - Immigration law is very complex and the Internet is full of misleading information, therefore Attorney Kinsella encourages those seeking immigration advice to find a viable source that offers accurate and current advice. As the laws change, so do the circumstances for immigration procedures. Things such as criminal records and the way one entered the country, can dictate the direction in which to proceed.

For those coming to the U.S. on a work visa, they now have the opportunity for their spouse to also receive a visa. "The idea is to keep families together," said Attorney Kinsella. Even those in the U.S. under an unlawful presence are able to get that status waived in cases of marriage. "You don't have to be in a legal state to get your green card." said Kinsella.

Legally Speaking

Attorney Kinsella offers a 30-minute free comprehensive consultation to the LGBT community, these free telephone consultations are available for most cases while low cost consultations are available for the more complex LGBT family immigration cases. The attorney obtains an overview of each case prior to the consultation, to assess that particular situation. In that consultation, Kinsella explains the law, how it pertains to that case and provides a timeline of how long one can expect these procedures to take. Each situation is unique, even the slightest difference in a situation can totally effect and change the required approach and subsequent timeline.

"My strength as an attorney is that I am able to convey things in laymen's terms, break it down and simplify," said Attorney Kinsella. Struggling against client's preconceptions that developed from misinformation, self-comparison and misdiagnosis, Kinsella uses solid facts and knowledge of legal procedures to ensure her client's that she will fight for their rights.

Often Attorney Kinsella deals with clients who have been struggling on their own for years, without seeking an immigration attorney's assistance. Even those who know or think they know the law, may not know the best way to go about processing a petition or expediting matters. What one may think is relatively harmless in a petition, could be the difference between being approved or denied. For the LGBT community, Kinsella offers payment plans and tries to work with clients, so that the legal service fees are feasible.

Many illegal aliens want to become citizens. They want a better life and embrace the American culture. In Attorney Kinsella's experience most are law-abiding. According to Kinsella, approximately 90% of illegal aliens she has met file taxes, if they have social security number and are working. "Even if working unlawfully, they files their taxes," said Kinsella. Know Your Rights!

Q - My brother's husband is from Brazil and isn't a U.S. citizen. My brother keeps telling me that keeping him in the country after his visa expires will be a no-brainer, but my gut tells me otherwise. The clock is ticking. What do they need to know to start the ball rolling?

A- Attorney Kinsella urges education in immigration matters. The most frequently asked question she receives is, "Am I eligible for immigration relief?" Those inquiring are often very reluctant and scared of unknown consequences that are often based on inaccurate information. Most are surprised to hear they are eligible and eager to hear what is required to gain immigration benefits and rights.

"The main reason I offer the free marriage petition consultations to the community is because, for years that our rights were stolen from us. We didn't have the same immigration rights as heterosexuals, and now that we do, I feel the entire community should be informed and therefore able to exercise their rights," said Attorney Kinsella. Among the gay community, immigration rights were denied for many lifetimes, but now people are empowered and given opportunities previously denied. Kinsella feels many are still in the dark about their rights and it is her duty to inform and educate the LGBT community.

"In terms of immigration, know your rights and get information from a legal source," said Kinsella, an Irish woman who has gone through the process herself. Passionate about equality and personally connecting with clients, Attorney Kinsella cares about her clients and the outcome of their immigration status.

For those seeking answers to immigration questions related to eligibility, procedures, status, and safe travel...seek legal advice.

If you'd like to speak with Attorney Kinsella about your questions visit her website:

www.Gayimmigration.guruor
www.CKlawusa.com

Keep up to date with the latest changes in immigration law by visiting the attorney's Facebook news .

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.