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Adjustment of Visas through Same Sex Marriage

Jan 9, 2014 12:40:19 PM / by Staff Attorney

Under the federal Immigration and Nationality Act, certain individuals can change their immigration status while in the United States to permanent residency. One of the most popular ways to gain permanent residence status in the United States is through a family member. In light of the recent changes in marriage equality laws in California, more people will now be able to apply for permanent resident status through same sex marriage. If you wish to become a permanent resident and have recently married your partner, you would be well advised to learn about your new legal options.

To qualify for an Adjustment of Status to permanent resident, you must be married to, or be about to marry, a United States citizen, and you must live here legally. When Proposition 8 was struck down on June 26, 2013, this option became available for same-sex couples, just as it has been available for many years for heterosexual couples.

If you are married or about to become married to a U.S. citizen or permanent resident, you will need a family member to file a Form-I-130 Petition for you. Individuals who can help you obtain an adjustment include a fiancé or spouse who is a U.S. citizen, a green card holder, or a refugee admitted as a refugee within the past two years.

This option to become a permanent resident is now available to more people, but adjusting your visa is still a complicated process. A Los Angeles immigration lawyer may be needed to expedite the process and guide you with regard to forms that must be filled out meticulously and documents that need to be filed. It helps to have a knowledgeable lawyer review your documents thoroughly to make sure that your submissions are complete and accurate. Any errors or missing paperwork could significantly delay your application process.

A successful application will lead to the scheduling of an interview at the USCIS immigration office close to your city in about four to six months from the initial filing. It is important that you are prepared for this interview and know what to expect. If all goes well, you could receive the approval at the interview and then your permanent resident card within 10-14 days by mail. For more information, please contact the experienced immigration lawyers from Immigration Law Office of Los Angeles, P.C. at (800) 792-9889.

Topics: Marriage Visas, Same Sex Green Card, Visas

Staff Attorney

Written by Staff Attorney


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