As a result of the Supreme Court decision in United States v. Windsor, declaring that the “Defense of Marriage Act” violates the Constitution, USCIS will now recognize same sex marriages for immigration purposes. This means that a United States spouse can now file an I-130 petition for a same sex partner to immigrate to the United States.
The impact of the Supreme Court decision is not limited to immigrant petitions. Same sex spouses will now also be eligible to accompany foreign workers as H-4 nonimmigrants, foreign students as F-2 nonimmigrants, as well as other categories such as J-2, L-2, etc. Certain waivers may now be available to same sex partners, where the waiver depends on hardship to a U.S. citizen spouse. USCIS has further clarified that the agency will apply the traditional test of whether the marriage was a legal marriage in the location where the marriage was celebrated.
Our office is available to assist same sex partners who wish to immigrate to the United States, or otherwise take advantage of the new opportunities made available by the Supreme Court decision. Contact us at firstname.lastname@example.org.