How Does the SCOTUS Ruling Impact Immigration Law?

Tattoo_withchildThe SCOTUS ruling marked a historic achievement for equality and same-sex marriage unions. The Supreme Court ruled that same-sex couples should have the same rights as their heterosexual counterparts. This decision applies to all Americans, which means that legal immigrants are also entitled to enjoy the benefits of the ruling.

Under the ruling, same-sex couples’ visa applications should now be handled like comparable heterosexual applicant proceedings. With this new ruling, American citizens can now sponsor their international same-gender partners. The Citizenship and Immigration Services Department can now legally recognize all couples, no matter their sexual orientation. The only limitation is in cases where the individuals involved are unregistered. CIS states that the restriction is eliminated when individuals involved get married and adjust their status. The only recognized marriage is to a legal citizen.

Under US 2013 rules, a citizen can sponsor their same gender foreign spouse with an immigration visa. Green cards are awarded to individuals legally married to American citizens. Visa applications are now blind to sexual orientation, and the SCOTUS ruling opened an opportunity for same-sex couples to apply for citizenship. Spouses will also benefit from green card lotteries and their partners can gain permanent residence status.

The SCOTUS ruling has resulted in several updates in the immigration law that will directly affect homosexual couples who have previously been prevented from applying for visas or green cards. For legal advice on how the SCOTUS ruling might impact your visa or green card application, contact us at Brownstein & Nguyen today.

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