Ask A Lawyer :: To Marry or Not to Marry?

The decision in Obergefell v Hodges on June 26, 2015, is a landmark in the history of same-sex rights. The 5-to-4 decision to repeal all bans on same-sex marriage throughout the United States shows progress for our justice system.

As monumental as this case may be, there was a case decided exactly two years before Obergefell v Hodges that affected the lives of same-sex couples and many immigrants wishing to become citizens of the U.S. That case was United States v Windsor, which ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. This ruling gives equal rights to those immigrants that are gay, lesbian, or transgender during the process of immigration to the United States. The decision was yet another step in the right direction for civil rights in the United States, but also addressed the specific issue of immigration fraud.

An individual that is gay, lesbian, or transgender has typically had an extremely difficult time becoming a citizen of the United States before these landmark cases came about in the Supreme Court. Many immigrants to the United States have been accused and convicted of marriage fraud due to their sexual orientation. There have been several instances where a person would marry a U.S. citizen in a heterosexual marriage to gain citizenship when the immigrant is not heterosexual. U.S. citizens that are caught committing marriage fraud for immigration purposes face severe fines and up to 5 years in prison. Usually this results in the immigrant's deportation and inadmissibility to the United States.

The ruling of United States v Windsor has made it such that immigrants no longer have to pretend they are heterosexual to become citizens of the U.S. Any immigrant may now go through the process of naturalization with equal treatment and without concern for their sexual orientation. It goes without saying that repealing Section 3 of DOMA has produced results which have positively affected the lives of several families throughout the country.

Benefits given to same-sex couples after United State v Windsor do not guarantee an applicant entry. An applicant must still go through the same immigration process as any other individual. There will still be challenges for same-sex couples gaining citizenship due to documentation requirements and the sensitive topic of prior opposite-sex marriages. These challenges are not insurmountable, as they were before the two progressive cases above were decided. These rulings are meant to be a large step forward for our immigration process and the country as a whole towards the idea of equality.

As with any immigration movement there is always room to improve, but the United States has made moves in the right direction in pursuit of equality for all. Recent rulings of the United State Supreme Court has made it possible for immigrants no longer needing to pretend they are heterosexual to gain immigration benefits in the U.S. and allowed homosexual US citizens to seek immigration benefits for their spouses.

In addition to providing immigration legal counsel to individuals and businesses, attorney Margo Chernysheva is a provider of mediation and arbitration services in Nevada.

To make an appointment for a consultation with our professional legal staff, contact MC Law Group by calling or sending us an e-mail at http://immigrationlawnv.com today.