Moreno Law Office, LLC

On June 26, 2013, the Supreme Court decision in United States v. Windsor held that the Defense of Marriage Act (DOMA) is unconstitutional. The Supreme Court struck down the heart of a federal law defining marriage as a union between a man and a woman.  In the 5-4 decision, the court overturned the Defense of Marriage Act, known as DOMA, that bars same-sex couples from receiving federal benefits. This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits.

 

For years, same sex couples have fought hard for the right to keep their families together in the United States.  Due to DOMA same sex couples often were forced to choose between staying together or departing the US.  Now if a U.S. citizen or lawful permanent resident is legally married regardless of their sexual orientation their lawful marriage will be recognized by the federal government when it relates to immigration benefits. Currently about 30 countries provide immigration benefits for same sex couples. There are an estimated 36,000 same sex bi-national couples in the United States, and those families include about 25,000 children.

 

In order to qualify for benefits under immigration law people will need to be legally married.  Same sex partnerships or civil unions will not be recognized under immigration law.  It requires an actual legal marriage in a state or a country that recognizes same sex marriages.  There is a 25 day appealing period with any Supreme Court ruling but currently there is an assumption that the rule will stand and people will be able to go forward and petition for their love ones.  Same sex couples may face some challenges when filing Family Based Petitions (marriage cases) if they do not have evidence that their marriage was entered in good faith (bona fide marriage) such as documents demonstrating that they established a life together, cohabitated in the same address, had joint assets and lived together as married couples.  Same sex couples outside the United States will also face challenges if their native countries continue to be discriminatory based on their sexual orientation.

 

For more information contact, Attorney Madeleine Moreno for a consultation at 508-798-5291 or toll free 855-966-7366.