Category Archive Same Sex Immigration

ByPhillip Kim

Answers to Your Immigration Questions on Same-Sex Marriage

If your petition was previously denied based on DOMA section 3, USCIS will now reopen those applications for review. Please note, you will need to notify USCIS by March 31, 2014, if your I-130 was denied before February 23, 2011. Requesting to consider reopening your petition will be done at no charge, but fees to file an application will still apply.

Same-sex marriages will receive the same immigration benefits as those of opposite sex. The five year residence period for naturalization may be reduced to three years if you have been living in marital union with a U.S. citizen spouse the same way that applies for opposite sex spouses.

ByPhillip Kim

How to Get a Green Card with the Diversity Visa

Each year, the U.S. State Department makes 50,000 visas available to visa applicants from countries with low rates of immigration to foster diversity in the U.S. The Diversity Immigrant Visa recipients are chosen using a lottery system, which you can enter each year through the U.S. Department of State. If you receive a visa, you are also eligible to apply for a change of status to permanent resident with the USCIS. While the USCIS does not process applicants to the Diversity Immigrant Visa Program, you must file the correct USCIS forms to get a green card.

To be eligible to be a Diversity Visa recipient, you must have at least a high school diploma or equivalent. If you do not have a high school education, you should have at least 2 years of work experience in a field that requires at least 2 years of training. If you are eligible to apply for the Diversity Immigrant Visa Program, you can enter yourself in the lottery online during the allotted entry time. If the window for applying has closed, you must wait until the following year to apply for a DV visa.

Once you enter the Diversity Immigrant visa Program and your entrance has been confirmed, you should follow usual procedure for getting a visa. This will mean filing the necessary forms, paying correct filing fees, undergoing a medical examination and submitting the documents with the results, and undergoing an interview at the U.S. Consulate or USCIS office near you. You must also submit passport-style photographs of you, your spouse, and unmarried children 21 years old or younger.

If you have a DV visa, you can file for a change of status to permanent resident with U.S. Citizenship and Immigration Services. As long as there are not holds on your eligibility to be a permanent resident and you are admissible to the U.S., you can file your change of status as normal with the USCIS. You will need to provide proof of your acceptance to the DV program when changing your status.

ByPhillip Kim

Same Sex Couples May Receive Immigration Benefits

Same Sex Couples may apply for immigration benefits equally as heterosexual couples.

Read our former clients’ success stories by clicking on the “Testimonials” link above.

This is the right time to file immigration visa petitions for your same sex spouses.
USCIS will adjudicate visa petitions filed by same sex spouses the way they adjudicate heterosexual spouses’ visa petitions.

Please call (559) 448-8500 to have a consultation with an experienced immigration attorney.
Immigration Attorney Phillip Kim is experienced with a variety of immigration issues including same sex marriages.

It is expected that a lot of visa petitions will be filed by same sex couples including gay couples and lesbian couples for the next few months.

Secretary of Homeland Security Janet Napolitano addresses that the Supreme Court will ensure implementation of the ruling on the Defense of Marriage Act (DOMA), which grants same-sex couples equality of legal benefits.

President Obama has taken measures to eliminate discrimination so that same-sex couples receive the same consideration as opposite-sex couples when filing for a visa petition.

This change is effective immediately for the U.S. Citizenship and Immigration Services to follow. Couples are eligible to apply even if they currently live in a state that does not allow same-sex marriages, in which case, USCIS will consider the law of the state of residence in addition to the law of the state of celebration of the marriage.

Call Today (559) 448-8500 to consult with an experienced Immigration Attorney !!!
Our attorneys have a 99% approval rate on all of our immigration cases.