Mildred Lovingthe joint plaintiff alongside her husband Richard Loving in the landmark civil rights case of Loving v.
To that end, effective immediately, I have directed U. Citizenship and Immigration Services USCIS to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.
Can I now sponsor my spouse for a family-based immigrant visa? Yes, you can file the petition. You may file a Form I and any applicable accompanying application. You may file a Form IF. My spouse and I were married in a U.
Can I file an immigrant visa petition for my spouse? As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage, we will apply all relevant laws to determine the validity of a same-sex marriage.
Applying for Benefits New Applications and Petitions: You may apply right away for benefits for which you believe you are eligible.
Previously Submitted Applications and Petitions: What should I do? If such a case is known to us or brought to our attention, USCIS will reconsider its prior decision, as well as reopen associated applications to the extent they were also denied as a result of the denial of the Form I such as concurrently filed Forms I Once your I petition is reopened, it will be considered anew—without regard to DOMA section 3—based upon the information previously submitted and any new information provided.
USCIS will also concurrently reopen associated applications as may be necessary to the extent they also were denied as a result of the denial of the I petition such as concurrently filed Form I applications.
Additionally, if your work authorization was denied or revoked based upon the denial of the Form I, the denial or revocation will be concurrently reconsidered, and a new Employment Authorization Document issued, to the extent necessary.
If a decision cannot be rendered immediately on a reopened adjustment of status application, USCIS will either 1 immediately process any pending or denied application for employment authorization or 2 reopen and approve any previously revoked application for employment authorization.
No fee will be required to request USCIS to consider reopening your petition or application pursuant to this procedure. In the alternative to this procedure, you may file a new petition or application to the extent provided by law and according to the form instructions including payment of applicable fees as directed.
In all of these cases, a same-sex marriage will be treated exactly the same as an opposite-sex marriage. In these cases, same-sex marriages will be treated exactly the same as opposite-sex marriages.
Can same-sex marriages, like opposite-sex marriages, reduce the residence period required for naturalization?
As a general matter, naturalization requires five years of residence in the United States following admission as a lawful permanent resident. For this purpose, same-sex marriages will be treated exactly the same as opposite-sex marriages.
I know that the immigration laws allow discretionary waivers of certain inadmissibility grounds under certain circumstances.Sean Cahill's Same-Sex Marriage in the United States really does 'focus on the facts.' A treasure trove of information, the book offers a crash course on the gay marriage issue and a point by point engagement with webkandii.com: Before the U.S.
Supreme Court ruling on Oct. 6, , declining to hear cases on same-sex marriage, 31 states had either constitutional or statutory provisions that explicitly defined marriage as between a man and a woman and just 19 states and the District of Columbia allowed same-sex marriage.
Same-Sex Marriage As of January , same-sex marriage was legal in 18 US states, as well as the District of Columbia. In addition, civil unions are recognized in Colorado and several counties in Arizona.
May 12, · Public opinion on same-sex marriage. In Pew Research Center polling in , Americans opposed same-sex marriage by a margin of 57% to 35%. Since then, support for same-sex marriage has steadily grown. The Supreme Court made same-sex marriage legal in the United States in July , and since that time all sorts of changing demographics have popped up regarding this historic decision.
riage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawful ly licensed and performed out-of-State. Pp. 3–