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Defense of Marriage Act (DOMA)

Immigration Attorney in Northern Virginia

In June of 2013, the United States Supreme Court made rulings against the Defense of Marriage Act (DOMA) that have had a significant impact on how same-sex couples' immigration cases are decided. After the court determined DOMA to be unconstitutional, certain immigration laws were made effective immediately. If you are a same-sex couple looking to immigrate to the United States, or if you have a partner who is a legal United States citizen, it is important that you contact The Law Offices of Miguel Rivera, PLLC right away and speak with a trusted Northern Virginia immigration lawyer today.

What is different?

There are a few significant changes that all same-sex immigrant couples should learn about. Each case is unique to the individuals involved, so it is always encouraged that you speak with an attorney, but the following changes may apply to you.

Filing a Petition for a Visa
United States citizens and lawful permanent residents are allowed to petition for a same-sex spouse to enter into the country. If you are not married, but engaged to be married, you may file a Form I-129 to sponsor a fiancé into the United States for marriage. Even if you were married in another country or state that recognizes marriage, but are now residing in a state that does not recognize same-sex marriage, you can still petition as a sponsor for your spouse or fiancé.

Applying for Benefits
You can apply for government benefits if you feel that you are eligible. Your attorney can help you determine which benefits may be available to you and assist you in completing necessary forms. Even if your forms have been previously been denied under DOMA, you can reopen the petition or application with the assistance of an attorney.

Citizenship and Naturalization
The same residency requirements for heterosexual marriages now apply to same-sex couples. You or your spouse can apply for citizenship through naturalization after being lawful residents for at least three years as long as you have been living in a marital union during that time frame.

If you are from another country that does not recognize same-sex unions or persecutes individuals who are of the LGBT community, you may be able to work with The Law Offices of Miguel Rivera to obtain asylum. There are some countries that actively arrest and punish same-sex couples, homosexual individuals and transgender people and the United States may be able to provide you with protection.

Work with an LGBT Immigration Attorney

Are you interested in learning more about your rights under the new Supreme Court rulings? If so, do not hesitate to contact a representative from our firm right away. Our trusted firm has assisted countless individuals in achieving their immigration goals, and they may be able to help you as well. We encourage you to contact The Law Offices of Miguel Rivera today and schedule a consultation with our firm right away.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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The Law Offices of Miguel Rivera, PLLC - Northern Virginia Immigration Lawyer
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