Arlington Same-Sex Family Visa Lawyer

A U.S. citizen or a lawful permanent resident in a same-sex marriage would sponsor a spouse for a family-based immigrant visa the same way as a heterosexual couple would. There is no difference in the process. Just like the heterosexual couple, the petitioner files Form I-130 and if the beneficiary spouse is abroad, the spouse has to go through consular processing. If the beneficiary spouse is in the United States with a lawful admission, the beneficiary spouse can submit a Form I-130 and a Form I-485 at the same time.

The process for filing for a same-sex visa is not entirely difficult, however, it is detailed-oriented and one may need the help of an experienced family immigration attorney. An Arlington same-sex family visa lawyer could help walk you through the process and ensure that you have all the documents that you need for a successful application. Call today to set up a consultation.

Filing a Petition Process

A U.S. citizen engaged to a foreign national of the same sex files for their fiancé in the same way and in the same manner as a petitioner engaged to someone of the opposite sex. The petitioner would file Form I-129F and continue to follow the same guidelines and requirements of having met the beneficiary fiancé within the last two years. Before filing, the two will have to submit evidence that they are both eligible to marry and must show proof that the petitioner is a U.S. citizen. During the process, the same-sex couple is treated the exact same as an opposite-sex couple would be and they must meet all the same requirements in the application too. For more information about the process of filing a petition, reach out to an Arlington same-sex family visa lawyer.

Defense of Marriage Act Impact on Visas

The Defense of Marriage Act (DOMA) was signed in 1996. This federal law defined marriage as being between one man and one woman. However, this law was declared unconstitutional in 2013 and struck down in 2015. Thus making same-sex marriage legal throughout the country.

If a person whose petition was previously denied because of DOMA, the petitioner or the beneficiary should contact the United States Citizenship and Immigration Services so that the USCIS can reopen the petition and reconsider the decision made in light of the Supreme Court overturning DOMA.

Arlington Immigration Attorney Role in the Same-Sex Family Visa Process

Just like in a marriage between a man and a woman, an Arlington same-sex family visa lawyer could help guide same-sex couples through the immigration process. They could do this by providing information and assistance required to submit the forms, organizing any evidentiary documents needed to ensure the approval of the submitted petitions, ensuring that the derivatives of the beneficiary applicant are properly included in the submitted application, and making sure that any possible inadmissibility bars that the beneficiary might have been addressed either by a waiver or to see what else can be done for that beneficiary. If you have any questions about the immigration process, seek the services of an experienced same-sex family visa attorney in Arlington today.