LGBT Family-Based Immigration
In June 2013, the Supreme Court struck down Section 3 of the Defense of Marriage Act (“DOMA”) as unconstitutional. DOMA defined marriage with regard to federal benefits as between one man and one woman. Now, bi-national, same-sex, married couples have the right to petition for the same immigration benefits offered to heterosexual couples. These benefits include family-based petitions, employment-based dependent petitions, nonimmigrant visa petitions, and family-based waiver petitions.
The Immigration and Nationality Act looks to the jurisdiction in which the marriage occurred and, therefore, same-sex couples who married in a state that permits same-sex marriage, but now reside in a state that does not, are still eligible for immigration benefits.
The law office of Michael G. Murray, P.A. is committed to standing up for the rights of all individuals and couples in immigration matters. Please see our Blog for updates and answers to Frequently Asked Questions. To learn more about gay marriage and immigration issues, contact our Miami-based law firm.