The recent landmark Supreme Court ruling in
Obergefell v Hodges was a huge victory for the immigration rights of same-sex couples. Essentially,
this decision requires same-sex marriages to be handled the same as heterosexual
marriages for all legal matters. This means that all of the immigration
rights that were formerly reserved for straight couples now apply to all
married couples across the board. Regardless of whether your spouse or
fiancé is legally residing in the U.S., or still living abroad,
they can now take full advantage of immigration programs.
Same-Sex Unions Are Now Recognized
Obergefell v Hodges ruling, same-sex spouses must legally be treated the same way as heterosexual
spouses. For example, a man who is a current U.S. citizen can now apply
to bring his husband to the United States under the same visa petition
that a heterosexual couple would use. Likewise, if a gay immigrant spouse
or fiancé is already in the United States legally, the process
of applying for a green card will be exactly the same.
What Are the Rights for Transgender Immigrants?
Obergefell v Hodges ruling essentially eliminates any conditions for marriage that are based
on gender. This means that transgender spouses seeking to immigrate to
the U.S. have the same rights as other same-sex or heterosexual spouses
do. While the rights are the same on paper, transgender immigrants do
face unique challenges and are often discriminated against. These couples
may require additional legal expertise on their side to ensure their rights
Need Counsel for Immigration? Call Today!
If you or a family member are dealing with a same-sex immigration matter,
it’s critical to retain high-quality legal counsel. Immigration
matters can be extremely complex, and a single misstep could potentially
lead to a deportation or other immigration penalties. At the Law Office
of Ashkan Yekrangi, our Orange County immigration attorney is an immigrant
himself, giving him personal insight into these matters.
Call our immigration law firm today for skilled counsel at (949) 478-4936.