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Gay marriage has been legally recognized in america since the u. Hodges in 2015 that the constitution guarantees same-sex partners the right to wed. Justice kennedy stated in the decision that marriage is a keystone of our social order, and the 5-4 supreme court vote effectively prohibited individual states from banning same-sex marriages. What about immigration benefits other than for immediate relatives, family-preference immigrants, and fiancés or fiancées? In cases where the immigration laws condition the benefit on the existence of a marriage or on ones status as a spouse, will same-sex marriages qualify as marriages for purposes of these benefits? There are hundreds of federal benefits, rights, and protections available to married couples and their children, regardless of sexual orientation. Learn about same sex marriage and federal benefits, and related matters, at findlaws family law center. Immigration benefits for same-sex married couples on june 26, 2013, the u. (2013) that section 3 of the defense of marriage act (doma) was unconstitutional. The doma decision allows same-sex married couples to receive benefits. Windsor and struck down the section of doma (federal defense of marriage act) that defined marriage as a union between a man and a.   this practice advisory summarizes the immigration benefits for same-sex spouses after the u. Windsor declared section 3 of doma (defense of marriage act) unconstitutional. It covers family-based petitions (including vawa) and nonimmigrant visas for same-sex spouses and children. Today, same-sex couples have the same rights and benefits under u. This means that same-sex couples can apply for green cards and visas green cards are available to immigrants who are married to a u. The ruling also amplifies current federal immigration law, which recognizes same-sex marriages if the marriage was legal in the state it was performed. By allowing same-sex marriage in all 50 states, this broadens the chances for couples to legally petition their immigrant spouses.

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