US Visa For Same Sex Couples
Author: New York Immigration attorney Alena Shautsova
In a Same Sex Couples Fiance US Visas related decision the U.S. Supreme court in United States v. Windsor, 133 S.ct. 2675,2695-96 (2013) held that section 3 of the DOMA is unconstitutional as a violation of the constitutional guarantees of equal protection and due process. See United States v. Windsor, 133 S. Ct. 2675, 2695-96 (2013).
In addition, the BIA in its decision Matter of Zeleniak, 26 I&N Dec. 158 (July 13, BIA 2013) held that:
The Supreme Court’s ruling in Windsor has therefore removed section 3 of the DOMA as an impediment to the recognition of lawful same-sex marriages and spouses if the marriage is valid under the laws of the State where it was celebrated. This ruling is applicable to various provisions of the Act, including, but not limited to, sections 101(a)(15)(K) (fiancé and fiancée visas), 203 and 204 (immigrant visa petitions), 207 and 208 (refugee and asylee derivative status), 212 (inadmissibility and waivers of inadmissibility), 237 (removability and waivers of removability), 240A (cancellation of removal), and 245 (adjustment of status), 8 U.S.C. §§ 1101(a)(15)(K), 1153, 1154, 1157, 1158, 1182, 1227, 1229b, and 1255 (2012). Id. at 159.
As such, USCIS may not deny a Fiance Visa For Same Sex Couples solely because of the partners’ same sex. Furthermore, in its recent updates to FQA on Same Sex Marriages, USCIS explained that the same sex partners in fact can file fiance petitioners. The couple does not have to intend to reside in the State that recognizes same sex marriages, as long as the marriage will be concluded in the State that does. It is important to remember, that the Immigration benefits for the same sex couples can also be used in connection with removal proceedings.
If you have immigration concerns, call Law Office of Alena Shautsova, New York Immigration lawyers 917-885-2261.