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.