Helping LGBT Couples Reach Their Goals 

On June 26, 2013 the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA). Section 3 defined marriage as being only between a man and a woman. The Court has determined that this definition of marriage is unconstitutional. The Court's decision means that same-sex couples have the right to the same federally recognized benefits as any other heterosexual married couple. For purposes of immigration law, this means that same-sex couples may now apply for marriage based immigration benefits.

 

Immediate relative visas are available for those who have the following relationships to U.S. citizens:
 

• Spouses

• Unmarried Children Under 21 Years of Age

• Orphans Adopted Abroad

• Orphans to Be Adopted Upon Arrival in the U.S.

• Parents of Citizens Over the Age of 21 Years

 

There are additionally four categories of Family Preference immigrant visas. The Immigration and Nationality Act allocates approximately 226,000 visas for individuals in this category on an annual basis.

 

These include the following:
 

• Unmarried Children of U.S. Citizens and Their Minor Children

• Spouses, Minor Children and Unmarried Adult Children of Lawful Permanent Residents

• Siblings of Adult U.S. Citizens, and Their Spouses and Minor Children
   

Before the foreign national can apply for a family immigration visa, his or her relative in the U.S. must file a sponsorship petition, Form I-130. Once this has been approved, the prospective immigrant may apply for the visa at the local U.S. Consulate or Embassy. In the event that the yearly quota for a family preference visa has been met, the applicant will be assigned a priority date and will be given a visa in the following year.

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Los Angeles immigration attorney David M. Haghighi can assist those involved in LGBT family based immigration, including both the sponsoring family member and the relative living abroad. We have extensive experience with the immigration legal system, and as immigrants we understand how anxious you may be to reunite with your loved ones.