.美同性婚姻合法：same sex marriage, legal, the U.S.
On June 26, 2013, the United States Supreme Court in a 5 to 4 decision held Section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. Same-sex couples are now entitled to the same marital federal benefits as opposite-sex couples. Thereafter, President Obama and Secretary of the Department of Homeland Security, Janet Napolitano, both welcomed the decision of the Court and promised that federal benefits for same-sex, legally married couples will be implemented swiftly, smoothly, and equally as opposite-sex spouses. On January 10, 2014, Attorney General Eric Holder stated with regard to Utah’s same-sex marriage ban: “Last June, the Supreme Court issued a landmark decision in United States v. Windsor, holding Americans in same-sex marriages are entitled to equal protection and equal treatment under the law. This ruling marked a historic step towards equality for all American families.”
Currently, same-sex marriage is legal in 16 states and the District of Columbia. For those who have endured prevalent discriminatory laws in the LBGT community, this decision is not merely a progressive symbol of equality for gay rights, but it has for the first time, enabled same-sex couples to apply for immigration benefits.
Until recently, obtaining immigration benefits, such as visas and green cards through same-sex marriage, was highly unlikely. Most same-sex marriage immigration benefit applications were rejected. The effect of the Windsor decision, however, was definitive. Four days after the Supreme Court’s decision, gay couple Julian Marsh and Traian Povov received their notice for green card approval. In another case, an American citizen applied for immediate family immigration for his spouse who was illegally present in the United States. The immigration court initially began deportation proceedings against the foreign spouse, but the removal proceedings were terminated after the repeal of DOMA.
Attorney Julie Oliver-Zhang explains that gay, lesbian, bisexual, or transgender same-sex couples are eligible for immigration benefits even if they reside in a state that has not yet legalized same-sex marriage. If one spouse is a green card holder or a U.S. citizen, then marriage in one of the 16 states or D.C. that has legalized gay marriage will meet the requirements for the application of immigration benefits. Same-sex couples do not need to establish state residency, but merely get married in a legal gay marriage jurisdiction to be immediately eligible for green card or visa benefits for foreign spouses and their children. Depending on the circumstances, even if the foreign same-sex partner has illegally entered or resided without documentation in America for a number of years, they may still qualify for a green card.
Same-sex partners of U.S. citizens who are living abroad are eligible for fiancé or fiancée visas that will allow them to quickly travel to the United States and get married. Once the foreign spouse obtains permanent residency and become American citizens, they can apply for immigration benefits for their immediate relatives, such as parents and siblings. With the change in the new immigration laws, foreign LGBT partners can finally be reunited with their families.
The new immigration rights are a positive step towards remedying a history of discrimination against same-sex couples, allowing those in the LGBT community to achieve the American dream through swift and effective immigration processing.”
http://oliverzhanglaw.com/wp-content/uploads/2014/05/Chinese-World-Journal-Op-Ed-Julie-2014.01.29.pdf
