In the past, a foreign national in a same-sex relationship with a United States citizen or lawful permanent resident was not eligible for a green card or any other immigration benefits as a result of such relationship. The recent Supreme Court ruling striking down the Defense of Marriage Act in United States v. Windsor has changed this dramatically. The U.S. Citizenship and Immigration Services office has begun to accept applications for green cards for foreign nationals in a same-sex marriage from those who are lawfully married under applicable state or national law. Currently California, Connecticut, the District of Columbia, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Vermont, and Washington have or will soon recognize same-sex marriages . Additionally, same-sex marriage is legal in Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, Netherlands, Norway, Portugal, Spain, South Africa and Sweden. The U.S. citizen or lawful permanent resident spouse in a same-sex marriage occurring under the laws of one of these states or countries is now eligible to apply for a green card for his or her spouse. Currently, applications are not being accepted from those couples in a civil union only.
If you are interested in discussing a green card application, please contact HBC immigration attorney Maureen Eldredge at 303-442-6514 or eldredge@hbcboulder.com for more information.