SCOTUS Strikes Down DOMA: Happy Day for Same-Sex Immigrant Couples
Atlanta, GA (PRWEB) July 03, 2013 -- The U.S. Supreme Court issued a decision that held that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional. Section 3 of DOMA was a federal law that limited federal marriage recognition to couples that were a man and a woman.
“Because immigration law is federal, DOMA prevented lawfully married lesbian and gay couples from obtaining lawful permanent residence (“green cards”) and other immigration benefits such as fiancée visas through marriage. Now that DOMA has been struck down, American citizens and lawful permanent residents can submit green card applications for their same-sex spouse, if they were married in a state or foreign jurisdiction that recognizes same-sex marriage,” said Karen Weinstock, a Georgia immigration attorney and managing attorney of the Atlanta Immigration law firm Siskind Susser.
“This is a great day for LGBT families who, from now on, should be treated the same under immigration law as families of a man and woman. But at least now the Federal government will not be allowed to deny green card applications solely because a couple is of the same sex,” added the Atlanta Immigration Attorney.
“Even if the same-sex couple lives in a state that does not recognize same-sex marriages (such as Georgia), if they got married in a state like Washington that allows same-sex marriage, or a foreign jurisdiction like Canada that recognizes it, it is sufficient for immigration purposes since the immigration authorities only look at the legality of the marriage in the jurisdiction that it took place. However it is still unclear whether a civil union or domestic partnership would count for this purpose,” explained the immigration attorney.
“This will also lead the way to grant immigration derivative benefits to same-sex couples that are here on a temporary visa for work. Which may affect a larger portion of the population that had no legal way to get here before,” added the immigration lawyer in Atlanta.
“What is also exciting is that U.S. citizens could file a fiancée visa on behalf of their same-sex partner for the first time starting now,” stated the immigration attorney in the Atlanta area.
“We still need to wait until USCIS implements this decision before we know everything that will be involved,” explained the immigration lawyer. “However, I am encouraged that they will do the right thing, even if it is only because they have to,” added the immigration attorney.
“Being able to help LGBT clients achieve their American Dream is truly a dream come true. It is about time that the United States accepted this like any other modern society out there,” concluded the Atlanta immigration lawyer and head of the Atlanta Immigration law firm Karen Weinstock.
Media Contact:
Karen Weinstock
404-935-0056
Kweinstock (at) visalaw (dot) com
About Siskind Susser:
Siskind Susser is one of the largest immigration law firms in North America, Our Atlanta immigration lawyers provide consultations to corporations and individuals on immigration law issues and represent clients before the U.S. government. We are committed to providing quality and efficient service, and are one of the top ranking U.S. Immigration law firms.
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