Same Sex LGBT Marriage Green Card Approval (DOMA) for Australian Client in Cleveland Ohio

CASE: Marriage-Based Green Card (Same Sex Marriage Case / LGBT / DOMA)

CLIENT: Australian

LOCATION: Cleveland, Ohio

Our client came to the United States in May 2005 with a B-2 Visitor’s Visa from Australia. Later that year, he changed his status from B-2 to F-1 to pursue his degree in the United States. He has maintained his status in the United States as an F-1 student after that. Since 2005, our client and his current U.S. citizen spouse were in a relationship.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After the Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law.

After DOMA was struck down, our client and his current U.S. citizen spouse, decided to get married. They married in New York in July 2013 where same-sex marriages are recognized.

Our client contacted our office and retained us on August 5, 2013 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on August 12, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Prior to the interview, we thoroughly prepared our clients at our office. On January 2, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well. Eventually, on January 8, 2014, his green card application was approved.