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Dallas Immigration Lawyer VERDIN LAW • Immigration Attorney

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Board of Immigration Appeals Clears Way for Same Sex Marriage Cases

You are here: Home / VERDIN Blogs / Board of Immigration Appeals Clears Way for Same Sex Marriage Cases
August 6, 2015

In a published decision reached today, the Board of Immigration Appeals recognized the validity of same
sex marriage for the purpose of the immigration laws.
In Matter of Zeleniak, a male U.S. citizen spouse married his male alien spouse in the state of Vermont. The U.S. citizen spouse filed an I-130 Petition on behalf of his husband with the United States Citizenship and Immigration Service.  The petition was denied on the ground that their same sex marriage does not qualify as a “marriage” under the U.S. immigration laws.

The Board, noting the Supreme Court’s recent decision in United States v. Windsor, found that their same sex marriage is indeed valid under the immigration laws.  The Board noted that I-130 Petitions filed on the basis of same sex marriages will be reviewed just like I-130 Petitions filed on the basis of heterosexual marriages. The same sex couple will have to show that their marriage is valid in their particular state and that their marriage is bona fide.

Significantly also, the Board noted that same sex marriages will be recognized in every aspect of the immigration laws, including in the context of fiancé visas and immigrant visa petitions. Same sex spouses can now also serve as qualifying  relatives for waiver applications and for relief before the Immigration Court.

In short, the recent repeal of the Defense Against Marriage Act has opened the door for an entirely new group of persons to seek immigration benefits and rights.

Contact Us for more information on same sex marriage cases.

Category: VERDIN Blogs, Verdin Events, VERDIN News, VERDIN Publications
Previous Post: « The Marriage Visa
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VERDIN
Dallas Immigration Law

At VERDIN, our clients are always the highest priority.

Built on a foundation of exceptional customer service, VERDIN is highly regarded for its responsiveness to clients. We understand that our clients are entrusting their jobs, families, and futures to the firm, and we treat that trust with the utmost respect.

VERDIN Immigration Law
900 Jackson Street, Ste 535
Dallas, Texas 75202

(214) 741-1700

(800) 656-4232

Isaul Verdin, VERDIN Law

Isaul VERDIN - Texas Board Certified - Immigration Law
VERDIN Law - American Immigration Lawyer's Association

VERDIN is a full service immigration law firm providing comprehensive immigration solutions to international employers, investors, startups, individuals and families.

Every VERDIN client receives a customized plan designed to deliver the very best results.

Today, VERDIN capitalizes on its experience, industry relationships, and cutting edge technology to guide clients safely and efficiently through the intricate U.S. immigration system.

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