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Immigration Options for Same-Sex Couples

In the United States v. Windsor, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. This monumental decision, which was the culmination of years of tireless work by thousands of advocates the world over, opened up the much needed availability of immigration beneifts to same-sex couples. USCIS reacted fairly quickly to open the doors to a segment of the population that had been denied equal access to immigration benefits that so many others had priviledged to have.

This now means gay and lesbian couples can petition for each other in all immigration contexts that were previously reserved for hetro-sexual couples. To name just a few of the types of immigration cases that are now available to both hetro and homo sexual couples:

  • Greencard (LPR) through marriage to a US Citizen or Permanent Resident;
  • K-1 Fiance Visa;
  • K-3 Spouse of a US Citizen Visa;
  • Violence Against Women Act (VAWA) self-petitions;
  • Cancellation of Removal requiring a qualifying relative;
  • Waivers requiring a qualifying relative- 212(h), 212(i);
  • Diversity Visa;
  • Asylum and Refugee derivative beneficiaries;
  • Prosecutorial Discretion for those in Immigraiton Proceedings;
  • Provisional Stateside Waiver Process (I-601A) and Overseas Waivers;
  • Derivative beneficiaries of non-immigrant visas (F-4, K-2, H-4, E-2, etc.);
  • Following to join and accompnaying to join.

There should not longer be any type of immigration benefit not availabe to a same-sex couple.

We at the Law Offices of Ricky Malik, PC proudly represent same-sex couples and applaud the decision. Please contact us for a confidential consultation to discuss your options. We are discrete and fully aware not all couples are open about the circumstances of their relationship and we do everything to respect and honor your wishes.

Ricky Malik, Esq.


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The information on this Virginia Lawyer / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The Law Offices of Ricky Malik, P.C. represents clients in all 50 states of the United States and the World over, including Manassas, VA, Prince William County, Arlington, Fairfax, Centreville, Alexandria, Falls Church, Roslyn, Washington, DC, Loudon County, Lorton, Woodbridge, Virginia, Takoma Park, MD, Langley Park, Bethesda, Rockville, Hyattsville, Montgomery County, Prince George's County, Columbia, and Baltimore, Maryland.