What are the Immigration Benefits Now that Same Sex Marriage is a Right in all US States?


The recent U.S. Supreme Court decision granting same-sex couples the right to marry in all of the U.S. states and unincorporated territories is another cause for celebration!  Immigration law treated married same-sex spouses just the same as different-sex spouses. This included the right for a U.S. citizen to petition for a same-sex fiancé(e) abroad, petition to adjust status for a same-sex spouse to obtain a marriage based green card, and also for a U.S. citizen or permanent resident to petition for stepchildren created by a same-sex marriage.  However, prior to the ruling that same-sex marriage is a constitutional right, a same-sex couple sometimes had to travel to another state or country to marry. That potential hardship has now been removed, and U.S. citizens or permanent residents seeking to petition for a same-sex spouse may marry anywhere in the U.S.

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