On June 26, 2013, the Supreme Court struck down key provisions of the Defense of Marriage Act (DOMA) which allows for historic rights for gay rights. United States v. Windsor (2013). In a 5-4 majority decision, the Supreme Court found that prohibiting same sex marriages is a violation of the Fifth Amendment. To read the Supreme Court's full decisions, click here. Simply put, the federal government now fully recognizes legally married gay couples who are legally married in countries or states where gay marriages are recognized. This allows gay couples who are legally married to receive the same federal health, social security, tax, and other benefits that heterosexual couples have always been entitled to.

As for the immigration impact of the Supreme Court's decision, gay and lesbian couples will be allowed receive permanent resident cards (green cards) if a couple is legally married. Essentially, U.S. citizens will be allowed to petition for their same sex partner just like any other married couple! For more information on applying for your same-sex partner, please visit our Marriage Immigration Page. Further, same-sex couples are also now eligible under the Diversity Lottery Visa Program. The United States Citizenship and Immigration Services have already granted Permanent Resident status to same-sex married couples.

Currently, the following states allows for same sex marriages (UPDATED February 11, 2015): Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Massachusetts, Maine, Minnesota, Maryland, Montana, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, New York, Oklahoma, Oregano, Pennsylvania, Rhode Island, South Carolina, Utah, Vermont, Virginia, West Virginia, Washington, Wisconsin, Wyoming. If gay and lesbian partners married or plans to marry in one of those states, they could apply for immigration benefits for their partner in any of the other states. We hope more states recognize same sex marriages given the recent Supreme Court decision.

If you are looking for affordable immigration attorneys with experience, dedication, and understanding to fully represent your rights, call us today at 405.600.9910. Free consultation available. Please feel free to contact us and provide us with your contact information, so we let you know when you will be allowed to apply for your partner.

Other Rights for the LGBT Community

The gay and lesbian (LGBT) community had not previously been afforded immigration rights for their loved ones. Recently, the Obama Administration passed an administrative law that recognizes long-term, same sex partners as family members. As a result, same sex partners will be afforded the right to apply for prosecutorial discretion in removal or deportation proceedings.

Prosecutorial discretion allows individuals in removal or deportation proceedings the right to apply for prosecutorial discretion. In turn, this allows officials to exercise discretion in either not pursing or stop pursing low-level, non-criminal immigration cases. For more information on Prosecutorial Discretion.

Developing Law for Immigration Rights for the LGBT Community (UPDATED - PLEASE LOOK ABOVE)

Recently, the Obama Administration called the 1996 Defense of Marriage Act (DOMA) unconstitutional and will not defend the law in court. Currently, DOMA bars the federal government from extending federal benefits to married gay and lesbian couples. Currently, the Supreme Court is expected to decide whether DOMA is constitutional. We will provide more news as it develops. THE SUPREME COURT HAS

If DOMA is found unconstitutional, gay and lesbian couples may be afforded immigration rights whereby the federal government will recognize same sex relationships as family relations for immigration purposes. Please contact our office to determine your eligibility.