Green card for same sex marriage
Can you get a verdant card through same-sex marriage?
In the United States, same-sex married couples have the same legal rights as heterosexual couples when applying for a marriage-based emerald card. This is the noun of a landmark decision by the U.S. Supreme Court in that recognized marriage equality at the federal level. At Sverdloff Law Group, we assist all couples through this intricate process, ensuring their journey toward lawful permanent residency is as smooth as possible.
Legal Landscape and Historical Context
Before , same-sex couples faced significant legal barriers to obtaining marriage-based green cards. The Defense of Marriage Act, enacted in , barred the federal government from recognizing same-sex marriages. This meant that even if a same-sex couple was legally married in their state, they were not eligible for federal benefits, including immigration benefits. However, the landscape dramatically changed with the Supreme Court&#;s ruling in United States v. Windsor, which struck down key provisions of DOMA. This decision enabled same-sex married couples to be
Challenges Same-Sex Couples May Face When Applying for a Green Card
Becoming a United States resident or citizen is the dream of people across the world. As most immigrants know, this is a long and complicated process, but one that’s well worth the effort. There may be certain groups of people, however, who might have a harder time gaining residency.
An immigration attorney can help these individuals shift forward. Specifically, if you’re facing concerns when applying for a green card as a same-sex couple, there is help free that may make the process easier. To meet with an LGBTQ-friendly immigration lawyer in the Woburn, Massachusetts area—including Boston, Marlborough, and Framingham—reach out to us at Corbaci Law, P.C.
Applying for a Green Card
There are a few ways to be eligible to become a permanent resident. One of the most frequent is because you have a family member who is already a citizen such as a parent, child, or spouse. You may then apply for residency based on this relationship. Your process will look different depending on where you are
Green Card Through Same-Sex Marriage: Your Ultimate Guide
Common Challenges for Same-Sex Couples in the Green Card Process
While same-sex marriages are treated equally under U.S. immigration law, there are some unique challenges that same-sex couples may encounter in the green card process. Let’s talk about some of the most common issues and how to address them.
1. Family Acceptance and Proving a Bona Fide Marriage
One common way to prove that your marriage is real is by showing that you and your spouse include strong relationships with each other’s families. This can be tricky for some same-sex couples, especially if one or both families haven’t accepted the marriage or aren’t aware of the relationship.
What to do: If family acceptance is an issue, you can still provide other forms of evidence. Photos of just the two of you, joint leases, shared financial documents, and affidavits from friends who know about your relationship can be just as effective in proving your marriage is genuine.
2. Lack of Joint Financial Documents
For some same-sex couples, especially th
Can a Green Card Be Obtained Through Same-Sex Marriage?
Love knows no boundaries, and the United States immigration system recognizes that. If you’re in a same-sex marriage and wondering whether your spouse can obtain a green card, the answer is a clear yes. Since groundbreaking Supreme Court rulings, same-sex couples have been afforded equal rights under immigration laws. Let’s smash down what you need to know and how the process works.
The Foundation: Same-Sex Marriage and U.S. Immigration Law
The legal recognition of same-sex marriage in the United States has transformed how the immigration system treats same-sex couples. Two landmark Supreme Court decisions paved the way:
United States v. Windsor ()
This decision struck down the Defense of Marriage Act (DOMA), ensuring federal recognition of same-sex marriages.
Obergefell v. Hodges ()
This ruling legalized same-sex marriage nationwide and guaranteed that same-sex couples could enjoy the similar rights and protections as opposite-sex couples, including the ability to sponsor a spouse for a green card.
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