CASE: Marriage-Based Green Card (Same Sex Marriage Case)
CLIENT: Filipina
LOCATION: New York, NY
Our client came to the United States on a B-2 visitor’s visa from the Philippines in August 2013. She had a same-sex partner who is her current spouse.
On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law.
After DOMA was struck down, our client and her current LPR spouse, decided to get married. They married in New York, NY on September 10, 2013 where same-sex marriage is recognized. On the same day of their marriage, our client contacted our office and retained us for her I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 16, 2013. Although the Petitioner was a green card holder, we could file the I-130/I-485 simultaneously at that time because the priority date for the F2A category was current in September 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.
Prior to the interview, we thoroughly prepared our clients via conference calls. On December 17, 2013, our client was interviewed at the New York City USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well. However, the F2A category’s priority date retrogressed before her adjustment of status application was adjudicated. Nevertheless, her priority date became current in June 2015. Eventually, on July 1, 2015, the USCIS approved our client’s green card application.