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The Supreme Court has found section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Effective immediately, U.S. embassies and consulates along with U.S. Citizenship & Immigration Services will adjudicate visa applications that are based on a same-sex marriage in the same manner they adjudicate applications for opposite gender spouses.

This means that the same-sex marriage spouse of a visa applicant coming to the U.S. for any purpose – including work, study, international exchange or as a legal immigrant – will be eligible for a derivative visa.  Likewise, stepchildren acquired through same sex marriages can also qualify as beneficiaries or for derivative status.

Lastly, same-sex marriage that are valid in the jurisdiction (U.S. state or foreign country) where it took place will be valid for immigration purposes and adjustment of status or applications for a application for permanent resident can be submitted in the United States.

For more information, email or call 1-877-GAIL-LAW or 407-292-7730.
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