There has been a buzz across the U.S. these last few days on the issue of same-sex marriage. If you're on Facebook, you've seen the marriage equality symbol on users' timelines and in their profile pictures. If you follow the news, you've seen marches and protests. And, you probably know someone whose life is personally affected by the current state of marriage laws in the United States.
Many foreign nationals and immigrants are in same-sex relationships, and because same-sex marriage is not yet legal on a national basis, these foreign nationals are not allowed to apply for certain immigration benefits. The Defense of Marriage Act ("DOMA) currently defines marriage as between one man and one woman, denying federal benefits, including immigration benefits, to same-sex couples.
This means that, currently, even if you are legally married (in your same-sex marriage-recognizing state, such as Iowa, or in a non-U.S. jurisdiction, such as Canada) to your same-sex partner, you still don't have access to the U.S. immigration benefits that a legally-married heterosexual couple has. Your U.S. citizen spouse cannot sponsor you for a green card. You can't apply for a fiance visa if you are engaged to a U.S. citizen. And you can't apply for a dependent visa (like an H-4) based on your spouse's employment-based visa (like an H-1B).
The way the law stands today, if you are in a same-sex marriage, you have no hope of becoming a lawful permanent resident or a U.S. citizen through marriage-based sponsorship.
There are, of course, other factors surrounding marriage equality. Immigration is not the only benefit that same-sex couples are denied, but it is an important one. For mixed-citizenship couples who want to live their lives together, moving to a country that recognizes same-sex marriages for immigration purposes (like Canada) sometimes becomes the best option.
The U.S. is on its way to reforming our immigration system, and we are hopeful that other civil rights reformation will be close behind in order to provide the same core benefits to all immigrants and their loved ones.
If you have questions about your immigration status, or are trying to bring a loved one to the United States, contact us or connect with us on Facebook or Twitter.