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Adjustment of Immigration Status through Same Sex Marriages

Jun 18, 2014 8:57:11 AM / by Scott McVarish posted in Same Sex Green Card

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Immigration LawIt is possible to become a United States citizen by marrying someone who is already a legal resident? Before July 2013, this process was only available for married couples involving a man and a woman. However, when the Supreme Court decided that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional, everything changed. President Obama swiftly directed all federal departments to comply with the Supreme Court decision. From then on, the U.S. Citizenship and immigration Services (USCIS) has reviewed and accepted immigration visa petitions on behalf of same sex spouses just as they have for opposite-sex spouses in the past.

If you are a U.S. citizen or a lawful permanent resident who is currently in a same-sex marriage to a foreign national, your fiancé or fiancée will be able to apply to become a citizen once you have been married and living together for three years as long as all other requirements are met. The fact that you are in a same sex marriage will not affect your eligibility.

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Adjustment of Visas through Same Sex Marriage

Jan 9, 2014 12:40:19 PM / by Scott McVarish posted in Marriage Visas, Same Sex Green Card, Visas

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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.

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Recent Supreme Court Decision Gives Same-Sex Immigrant Couples New Opportunities

Dec 30, 2013 11:32:46 AM / by Scott McVarish posted in Marriage Visas, Same Sex Green Card

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There are more than 10 million undocumented immigrants in the United States. Almost 300,000 of those immigrants self identify as lesbian, gay, or bisexual. Many of these individuals now have a pathway to citizenship that was blocked to them prior to recent actions by President Obama.

Same-sex marriage to a United States citizen is now a possible pathway to citizenship for many gay undocumented immigrants. Waivers may be required for many of these individuals. Others may be protected by a provision of the law called 245i for those who have had a petition filed by a family member before May 1, 2001. Other protections may include those afforded to victims of crime or as an abused spouse. If you are lesbian, gay, or bisexual, and want to know what your rights are, know that our office has pioneered gay civil rights for over a decade. This is your home. Calling the lawyers at The Immigration Law Office of Los Angeles, P.C. will be your first step in finally feeling safe as a legal member of the United States community at (800) 792-9889.

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What Forms are Needed for an Adjustment of Status Through Marriage?

Dec 10, 2013 4:48:04 PM / by Scott McVarish posted in Green Card, Marriage Visas, Same Sex Green Card

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When a foreign national marries a U.S. citizen, he or she becomes eligible to seek permanent residency (a “green card”) in the United States through an adjustment of status through marriage. Doing so exempts the newly-married individual from immigration quotas levied on his or her country of origin and offers other benefits as well. For instance, instead of waiting for five years to naturalize, the foreign national can apply for his her citizenship after two years and nine months.

Los Angeles Immigration Law

With the recent and welcomed change at the federal government level regarding same-sex marriages, now same-sex spouses can adjust the status of the foreign national spouse if their marriage is recognized by the local jurisdiction as in California. This is true even if one of the spouses had previously had an opposite sex marriage or is self identified as bisexual.

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How Does the DOMA Decision Affect Marriage Visas?

Nov 4, 2013 9:19:30 AM / by Scott McVarish posted in Marriage Visas, Same Sex Green Card, Visas

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Every year, thousands of U.S. citizens or legal permanent residents fall in love with a citizen of a foreign country. They marry, raise a family, and contribute to their communities and their country. Entering the country via marriage and becoming a permanent resident based on marriage has several benefits over other methods of obtaining a visa or green card. This includes exemptions from quotas and advantageous rules regarding when an immigration case is considered “open.”

Until recently, same-sex couples could not access the same rules for entering the country as other couples, due to the federal government’s Defense of Marriage Act (DOMA) and its rules regarding who “counted” as a married couple. Since the U.S. Supreme Court finally struck down DOMA this year, however, same-sex partners may enter the United States on the same basis as other couples, according to the State Department. The federal government is no longer allowed to discriminate-- when granting marriage-based visas or green cards-- on the basis of the sexual orientation of the couple.

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From Employment to Immigration, McVarish Protects Same-Sex Couples’ Legal Rights

Oct 28, 2013 1:26:49 AM / by Scott McVarish posted in Green Card, Same Sex Green Card, Success Stories

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The takedown of the federal Defense of Marriage Act (DOMA) in the face of a recent U.S. Supreme Court ruling means that same-sex couples may now access federal benefits on the same basis as other married couples - and that agencies throughout the federal government are scrambling to comply with the new ruling.

Attorney Scott McVarish at the Immigration Law Office of Los Angeles, P.C. has a long history fighting for the rights of LGBT individuals and couples. His past work includes successfully defending teachers who were subjected to discrimination based on their sexual orientation. He also litigated against school boards who were attempting to discriminate against their employees based on sexual orientation and forced settlements strengthening those school districts antidiscrimination policies. His work was featured on NBC Dateline.

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President Obama Freezes the Deportation of Same-Sex Couples

Mar 31, 2011 6:16:33 AM / by Scott McVarish posted in Same Sex Green Card, Deferred Action

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The constitutional challenge to the Defense of Marriage Act (DOMA) of 1996 has prompted President Obama to stop the deportation of spouses of legally married same-sex couples. This law suite fights the definition of marriage considered to be between a man and a woman. If found unconstitutional, same-sex couples who are married would be granted equal protection under the law. It is expected for this freeze to be in affect until the Supreme Court makes a decision.

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Copyright © 2018 The Immigration Law Office of Los Angeles, P.C. - All Rights Reserved. Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.