Articles Posted in Same Sex Green Cards

Many readers inquire about Naturalization benefits for same sex couples filing for Immigration under the new changes. In a recent FAQ released by USCIS the following question was discussed:

Can same-sex marriages, like opposite-sex marriages, reduce the residence period required for naturalization?

Yes. As a general matter, naturalization requires five years of residence in the United States following admission as a lawful permanent resident. But, according to the immigration laws, naturalization is available after a required residence period of three years, if during that three year period you have been living in “marital union” with a U.S. citizen “spouse” and your spouse has been a United States citizen. For this purpose, same-sex marriages will be treated exactly the same as opposite-sex marriages.

I am attending the American Immigration Lawyer’s Association National Conference in San Francisco. USCIS Alejandro Mayorkas just stepped down from the podium. He specifically stated that Same Sex couples that are legally married could file I-130 Petitions and Adjustment cases. He said the USCIS kept records of all denied I-130 petitions for same sex couples and will re open on via internal motion. Not clear yet on all the details.

Still, many couples are trying to figure out how exactly the ruling will impact them.

Can all same-sex couples get legally married now?