CASE: Marriage-Based Green Card (Same Sex Marriage Case)
CLIENT: Filipino
LOCATION: Eagle Butte, SD
Our client came to the United States from the Philippines on a J-1 exchange visitor’s visa. In December 2016, he married his U.S. Citizen same-sex spouse in South Dakota.
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.
They married in South Dakota where same-sex marriage is recognized. Our client contacted our office and retained us on August 26, 2019 for his I-485 adjustment of status application. His U.S.Citizen spouse already filed an I-130 petition for him and it was approved. However, our client waited for getting his J-1 waiver before he can file his adjustment of status application. Our firm prepared and filed the I-485 adjustment of status application together with all necessary supporting documents on January 7, 2020. 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 September 23, 2020, our client was interviewed at the Omaha, NE USCIS office. The interview went well and his green card application was approved on the same day.