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Immigration Fact of the Week (Dec 7 – 13)

Can I sponsor my same-sex partner for permanent residency in the U.S.?

Can I sponsor my same-sex partner for permanent residency in the U.S.?Yes, you can!

If you are a U.S. citizen or legal permanent resident in a same-sex marriage to a foreign national, you can sponsor your partner for a family-based immigrant visa.

To get your foreign national partner to the U.S., you will have to file Form I-130, Petition for Alien Relative. U.S. Citizenship and Immigration Services (USCIS) will not deny your application due to the same-sex nature of your marriage. Your eligibility to sponsor your partner will be determined based on the current immigration law. The sponsorship process is the same for those in heterosexual and same-sex marriages.

Earlier, the Defence of Marriage Act of 1996 prevented the U.S. government from recognizing same-sex marriages. So those in gay marriages were not granted immigration benefits that were made available to heterosexual couples, including the right to sponsor their partners. As soon as the Supreme Court ruled against this act in 2013, the U.S. government started to consider gay marriages in the lawful immigration process.

Check out our immigration blog for more immigration facts!  

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