CASE: Marriage-Based Green Card (Same Sex Marriage Case)
CLIENT: Honduran
LOCATION: Cincinnati, OH
Our client came from Honduras with B-2 visitor’s visa in 2010. She has remained in the United States after her authorized stay period expired.
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.
Our client and her current U.S. citizen spouse, decided to get married in December 2016. Our client contacted our office and retained us on February 15, 2017 for her I-130 petition and I-485 adjustment of status application. She also has a minor child from Honduras and retained our office for her daughter’s case as well. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on March 28, 2017. 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 August 17, 2017, our clients appeared at USCIS Cincinnati Field Office for the interview. The interview went well and our client and her daughter’s green card applications were approved on the same day.