The Supreme Court’s Windsor decision overruled Section Three of the Defense of Marriage Act (DOMA) and opened great, new possibilities for gay and lesbian couples. Same-sex couples will finally have the same rights as heterosexual married couples.
If the noncitizen spouse is in lawful status or is a simple overstay with no special complications, the prospects for the case are now very good. If the noncitizen spouse was lawfully admitted but has been arrested, or has gone out of status and traveled outside the US or used false documents, we can still pursue the case, but may need to file waivers (immigration pardon applications) to overcome the problems. Usually these waivers require proof of extreme hardship to the US citizen spouse. Because of bad Board of Immigration Appeals (BIA) case law, this process can be very challenging.
In every case we will need to show evidence that the marriage is bona fide, not simply to get immigration benefits. For Connecticut couples just marrying now, it will be especially important to document your relationship with care, since same-sex married couples have been free to marry in Connecticut for several years. Same-sex marriage issues aside, working with the Hartford USCIS office can be difficult. While many cases go off without a hitch, other meritorious cases need good lawyering, firm pressure (and in rare cases a federal lawsuit) to reach a good conclusion.
Processing a “clean” marriage application in Hartford is normally rapid, about four months from the time of filing. The upper levels of USCIS and the Obama administration are saying very positive things about the Windsor decision, and we hope that the typical four month schedule will hold for new same-sex marriage cases.
If you think you are interested in going forward, email us or call 203 239-2299 and speak to Attorney Boyle or Attorney Barreira, we can review your case quickly, review the charges and likely timing of the case, and email you a list of what we would need to go forward.
We also represent noncitizens who crossed the border. While their situation is more challenging, the Windsor decision and the Obama Administration’s provisional wage program have opened new possibilities for gays and lesbians who crossed the border too.
Good luck!
