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Can a same sex marriage spouse sponsor a green card for the non-citizen spouse?

Historically the US Citizenship and Immigration Services insisted that heterosexual marriages were the only ones that counted for immigration purposes meaning that only a heterosexual partner could petition for a green card for their foreign spouses.

Since Section 3 of the DOMA (Defense Of Marriage Act) was declared unconstitutional by the Supreme Court, the Secretary of Homeland Security has stated that same sex married couples will now be equally treated for immigration purposes and this is so  even if the couple plans to reside in a non recognition state later on.

The USCIS has already begun providing green cards for legally married same sex couples that filed their application prior to the Supreme Court decision. Also,  USCIS will reopen and reconsider petition that were submitted before the Supreme Court decision and denied at that time on behalf of the Section 3 of the DOMA. The same process will be conducted concerning work authorizations that were denied for the same reason.
The USCIS also added a “frequently asked questions” section on their website in order to give some clarity to same sex married couples that are considering petitioning for a green card.

Please visit the USCIS website for more detailed information: http://www.uscis.gov/family/same-sex-marriages.

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Mr. Balogh is the best! he has done a great job in my case and has helped me a lot. He is very dedicated and thorough. In addition he has tried to find a remedy for my particular legal situation. If I ever need a attorney again, i won’t hesitate to contract his services again. I am very grateful to him.

— Victor C., 08/2021
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