Confirmed: Same Sex Couples May Obtain Immigration Benefits

The New York Times is reporting that the first green card to a same sex couple was issued on Friday, June 28, 2013.  Julian Marsh, a U.S. citizen from Ft. Lauderdale, Florida, married Traian Popov, who is from Bulgaria and applied for a green card.  Mr. Popov received word that his green card was approved by email, an unusual move which signifies the desire of the Obama Administration to move quickly to come in compliance withe the Supreme Court's decision in United States v. Windsor.

If you are a same sex couple looking to apply for immigration benefits, call me at (703) 837-8832 for an appointment.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com

Marriage Equality Was Discussed in Crafting Senate Immigration Reform Bill

As I've posted on this blog a few days ago, the Supreme Court's decision in United States v. Windsor removed the last legal impediment to allowing same sex couples to apply for immigration benefits for the foreign born spouse.  The New Yorker reports that this topic was actually discussed during the negotiations of the Senate bill on immigration reform.

According to Ryan Linza, the Democrats in the Gang of Eight wanted to include a provision in the bill which would have given gay and lesbian couples the right to apply for immigration benefits.  The Republican members opposed the measure, with Senators Marco Rubio and Lindsey Graham threatening to withdraw support if the measure were added.

The Supreme Court's decision, however, has apparently made this debate moot.  Because the Federal Government cannot discriminate against those in lawful same sex marriages, that would seem to indicate that immigration benefits must be granted on equal footing.  Indeed, the Washington Blade reports that the Office of Personnel and Management has already laid out a plan to provide Federal benefits for Government employees in same sex marriages.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com

Second Circuit Decision on the Defense of Marriage Act May Have Immigration Ramifications

In this link, you will be directed to an article on mine talking in greater detail of the possible immigration consequences of the Second Circuit case of Windsor v. United States.

Could Same-Sex Couples Eventually Apply for Visas?

A decision by the U.S. Court of Appeals for the Second Circuit may open the door to permit same-sex couples to apply for visas.

The case is Windsor v. United States. It involves the application of the federal estate tax to the estate of a woman who had married her same-sex partner in Canada.  The couple lived in New York, where Thea Clara Spayer died.  Her same-sex spouse, Edith Windsor, inherited her property, and claimed the marital deduction when calculating the estate tax due.  The deduction was disallowed, citing the Defense of Marriage Act.

The Defense of Marriage Act limits the Federal Government to recognizing only a marriage between one mane and one woman when applying all federal law.  The Second Circuit found this to be in violation of the Equal Protection Clause of the U.S. Constitution.

While the decision involves the federal estate tax, the Defense of Marriage Act has also been applied to prevent a U.S. citizen from submitting a visa petition for a foreign-born same-sex spouse.  If the decision stands, it could open the door for same-sex couples to apply for immigration benefits previously denied.

The jurisdiction of the Second Circuit is limited to Connecticut, New York and Vermont.  But, there could be an incentive for same-sex couples to move to one of those states now, and file a visa petition in order to force the Federal Government to follow the decision in the immigration context.

The text of the decision can be found here.

An article from the New York Times on the decision can be found here.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com