Is There a Different Application Process for Citizens in a Same-Sex Marriage To Petition Their Spouse For Legal Permanent Residency (Green Card)?

Marriage Act (DOMA). This holding was also a win for citizens who may now petition their same-sex spouses to reside permanently in the United States. The question some same-sex couples are now asking is whether their petition for their spouse will be denied just because they are not an opposite sex couple.

Gay or Straight, There is NO Difference

Although the requirements may be different, the sexual preference of the individuals should not be of any concern. In other words, since the government has extended federal law and benefits to cover same-sex couples, they should not be treated any differently than straight couples who have applied and been approved for permanent residency (green cards) based on marriage. There is no extra or special step for a same-sex couple applying for a marriage green card.

The applicant would have to file the same I-130, Petition for Alien Relative, and other necessary forms just as any opposite-sex couples would have to do the same.

Aggressive and Knowledgeable Attorneys and Staff to Help You

If you are a same-sex couple, you may now be eligible to apply for a green card. However, you may need an experienced immigration lawyer to guide you through the complex process.

An experienced attorney can assist you to navigate the immigration process and obtain permanent residency for your foreign spouse.

Call Us Today

For more information or to schedule a free consultation with our immigration attorney Michael S. Carrillo to discuss your immigration needs, please call Legalize Me toll free at 800.554.8778.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.