The Effect of US v. Windsor on Immigration Law for Same-Sex Couples

Since the US Supreme Court’s ruling was issued today against DOMA, it looks like same-sex couples will be considered for marriage-based green cards.

Applications – previously denied only because a couple is gay – should be granted.

A marriage in a state or country where that ceremony is legal should confer eligibility to apply for lawful permanent residence.

Again, if you were married in another country, it should satisfy immigration law.

Case in point: the plaintiff in the Supreme Court case was married in Canada.

Civil unions and domestic partnerships are still not as clear to interpret, so having a marriage would be optimal.

More to follow in the upcoming weeks, but this is groundbreaking news!

Contact Harlan York & Associates for help with Same Sex Marriage Immigration


Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

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