Godoy Olivieri, Ltd.-An immigration law firm
An Immigration law FIRM
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312-445-0591 800-264-2752

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Same-sex family visa applications now accepted in US

A few weeks ago we discussed the potential impact the Supreme Court's ruling against the federal Defense of Marriage Act would have on binational same-sex couples in Illinois. After the ruling, it was unknown how same-sex couples seeking family immigration visas would be affected.

In the past, the federal Defense of Marriage Act said that couples in same-sex marriages did not have the same rights as spouses in opposite-sex marriages. This resulted in immigration officials denying visa applications submitted by same-sex spouses.

Now, the U.S. State Department is already showing how the ruling will impact visa applications by same-sex couples. The U.S. State Department started processing family visa applications submitted by same-sex spouses the same way they handle applications submitted by heterosexual spouses. The Department of Homeland Security said they will also start processing green card applications and other immigration applications for same-sex couples.

The Secretary of State said that all visa applications involving a spouse of a U.S. citizen, which includes both heterosexual and same-sex spouses, will be treated equally. He also announced that the visa applications will be treated the same way even if the person applying for the family visa is in a country that does not recognize same-sex marriage.

Certain conditions still apply for family visa applications, including that the marriage has to be legal and must have been performed in a jurisdiction that recognizes the marriage for the marriage to be valid and acceptable under U.S. immigration laws.

Family immigration visa applications can be complex for all married couples trying to navigate the U.S. immigration system so it may be best to contact an immigration attorney for help.

Source: Fox News Latino, "U.S. Visa Applications For Same-Sex Spouses Now Treated Same As Heterosexual Couples," Aug. 5, 2013

Godoy Olivieri, Ltd.-An immigration law firm

2021 Midwest Road
Suite 200
Oak Brook, IL 60523
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
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1655 S. Blue Island Ave.
Suite 300
Chicago, IL. 60608
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
Map & Directions