On June 26, 2015, the US Supreme Court decided that gay couples can get married and received the same recognition by the federal government as straight couples.

This means that in every state of this nation, gay men and women finally can receive respect and protection by the courts, by the IRS & by the health system.

For the immigrant community it means that if your partner is out of status in the US, that partner can get legal status after you marry him/her. If he or she entered with a visa, the process is done here in the United States.  If the partner entered without a visa, we can process a waiver for the person to become a legal permanent resident as well.

It also means that if your loved one lives out of the US, you can bring them here to the U.S. to live with you, legally and permanently, as long as the person qualifies under theimmigration laws.

See: Comprehensive FAQs from the Department of State regarding gay marriage and immigration

In our office, we’ve had excellent results with difficult cases, such as when the immigrant spouse enters the US without a visa and needs to become a legal permanent resident.  The process has required extensive research and advocacy due to the fact that same sex couples may not have enough yet, to show extreme hardship, to the US spouse, a requirement only needed if the immigrant entered without a visa.

We’ve also had success in cases where one or both couples are HIV positive, an illness that is not a barfor the immigrant to become a legal permanent resident.

In other more dangerous cases, the other partner lives in a country where, an interview by a US Consulate, in itself, may “out” him and put him in danger of persecution or death.  In cases like these, we have vigorously advocated for our clients, in order to have the interview in a U.S. consulate in another country where our clients feel safer.

Every case is different.  Every case should be scrutinized and the couple should be interviewed.  We can talk to you, on the phone, via Skype or in person.  You can follow us on social media or call us for an appointment so we can meet with you in person.

This is a watershed moment.  This is a step into a different society that welcomes people from all walks of life as long as you follow the laws.  We, as a community, have been enduring discrimination and persecutions for centuries.  This U.S. Supreme Court decision looks to include all of us, into a better world – a kinder world.  I congratulate all of us, particularly the gay men and women who fought hard for all of us to enjoy the right to get married, to protect our spouses, to include them in our Estate, to feel love and protected by a society that has an obligation to welcome all its people!

Featured image by Ted Eytan