CASE: Marriage-Based Green Card (Same-Sex Marriage Case)
CLIENT: Mexican
LOCATION: Seattle, WA
Our client came to the United States from Mexico on a B-2 visitor’s visa in August 2001. At the time of his last entry to the U.S., he was a minor child. Since then, he has remained in the United States. In April 2022, he married his U.S. Citizen same-sex spouse in the state of Washington.
In June 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 the Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. If 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 immigration law.
They married in Washington where same-sex marriage is recognized. Our client retained our office on June 16, 2022,for his 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 July 1, 2022. Everything went accordingly and the receipt notices, fingerprint appointment, and work permits came on time. Eventually, our client’s green card application was approved on March 30, 2023.