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 benefits 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 privileged to have.

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

There should not longer be any type of immigration benefit not available 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.