Family-Based Immigrant Visas

DOMA and Immigration

On June 29, 2013, the United States Supreme Court ruled that the Defense of Marriage Act (DOMA), enacted in 1996, was unconstitutional. As a result of DOMA repeal a U.S. citizen can file a petition to immigrate his or her same-sex spouse, if the immigrant is otherwise admissible as an immigrant.

Family Immigration Attorney Long Beach

A U.S. citizen or permanent resident may file a petition for spouse, parent, child or son or daughter to immigrate. Only immediate relatives of U.S. citizens are eligible to immigrate once the petition is approved. Others will have to wait in line until there is a visa number available and this can take years depending on the family relationship and the immigrant’s country of citizenship. The U.S. Department of State publishes a visa bulletin monthly with the visa priority dates.

Immigrant visa interviews may take place either in the United States, via an application for adjustment of status, or at the U.S. consulate in the immigrant’s native country via the consular process depending on whether the intended immigrant is inside or outside the U.S.

For help with any family law matter, contact Long Beach family immigration lawyer Angela Novas McGill today!