Gay Marriage In California
According to Equality California, the Golden State has 7,100 binational same-sex couples, an impressive amount that beats any other state in the nation. The fact of the matter is that immigration is very complicated, so the team here at Buda Law Group set up the following basic questions and answers to help same-sex couples that are seeking recognition of their relationships for immigration purposes.
Can a U.S. citizen apply for a green card visa after marrying his or her same-sex partner?
Yes. Currently, same-sex couples can, as long as one spouse is a United States citizen, marry in a state that allows same-sex marriage. Afterwards, that spouse can petition for the naturalization of the non-citizen spouse.
Can same-sex couples still apply for Permanent Residency (Green Card) proceedings if they don’t live in a state that recognizes gay marriage?
Yes. Once two people marry in a state that recognizes their marriage, the federal government also has to recognize that marriage. For immigration reasons, it doesn’t matter if the state that the couple is normally domiciled in does not recognize same-sex marriages because it is now a federal issue. The difference is that if the couple enters into a state that does not recognize the marriage, the government can not force the state to recognize it, but must recognize the newly founded immigration status of the non-citizen spouse.
Is the Green Card process for gay couples different than for straight couples?
This process will work almost exactly the same as for straight couples. There will be meetings with USCIS staff, paperwork to fill out, and appearances to be made. The non-citizen spouse will be granted the green card, granting him or her certain rights within the United States. Following a certain period of time that spouse will then be eligible to become a full citizen and enjoy full American citizen rights and benefits.
Is an attorney required in order to apply and be eligible for a Green Card?
Naturally, this answer is complicated. The immigration system is a very complex web of red tape, denying thousands of green card and citizenship applications every single day. It requires a certain level of perfection and proper wording in order to assist the application in reaching the finish line. In conclusion, hiring an attorney is highly recommended.
With that in mind, the team at Buda Law Group has a 100% success rate thus far, and will continue to do everything in its power to provide for the LGBT immigrant community and their newly granted government rights and freedoms.
If any further questions exist, they will gladly be answered by the team here at Buda Law Group.
Thank You,John B. Buda, Esq. www.budalawgroup.net
office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405