Button 3 Button 1 Button 2 Button 4 Button 5 Button 6
  • Twitter
  • Facebook
  • Google
630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

JOLIET

58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

Immigration Issues Affecting Binational LGBT Couples

Posted on in Immigration
  • Font size: Larger Smaller
  • Hits: 1273
  • Print

binational LGBT couples, heterosexual U.S. citizens, Illinois same-sex couples, same-sex marriage, United States v. WindsorWith same-sex marriage legalized in some states, but not others, confusion abounds relating to same-sex marriage in the immigration context. Seventeen states have legalized same-sex marriage, and Illinois is one of them. Where then does that leave Illinois same-sex couples in which one partner is not a U.S. citizen (“binational” couples)?

History

In even the very recent past, same-sex partners of U.S. citizens and permanent residents were confronted by the possibility of removal (deportation) because of the absence of legal marriage rights. This situation often had traumatic effects upon families, and was inconsistent with the principle of family unification that underpins U.S. immigration. While heterosexual U.S. citizens and permanent residents were able to sponsor their spouses for immigration purposes, LGBT U.S. citizens and permanent residents were not.

Federal Level

In the 2013 case United States v. Windsor, the Supreme Court struck down the Defense of Marriage Act (DOMA). The court wrote that “DOMA seeks to injure the very class (New York) seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the federal government. See U.S. Const., Amdt. 5; Boiling v. Sharpe, 347 U.S. 497.” What this means is that, for the first time, legal same-sex marriages are recognized by the U.S. government at the federal level. At that level, then, binational LGBT couples stand on equal footing with binational heterosexual couples.

State Level

In Illinois, civil same-sex marriage was legalized in November 2013. As of that time, the state began issuing marriage licenses to couples where one partner is terminally ill. Shortly thereafter, in February 2014, U.S. District Judge Sharon Johnson Coleman ruled that same-sex couples in Cook County (which includes Chicago) can marry. Marriage licenses will be available to all other same-sex couples in June 2014.

The Future

As a result of the legalization of civil same-sex marriage in Illinois, binational same-sex couples who wed in Illinois are eligible to apply for green cards and family-based visas on behalf of their spouses. Applicants will no longer be denied solely on the basis of the same-sex status of their marriage. Moreover, applicants who were previously denied solely on the basis of the same-sex status of their marriage may be able to reopen their cases at no additional cost.

Protect Your Rights

The nature of a marriage is but one facet of the complex immigration context. Any binational couple seeking marriage-based benefits must comply with existing application, interview, and marriage duration requirements. If you need help understanding your rights, navigating forms, or securing the protection of the laws, contact the immigration lawyers at Mevorah Law Offices LLC. We can help you in any matter involving immigration law.

  • DuPage County Immigration Lawyers
  • Elite Lawyers
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted