Q: Is the process for getting a marriage visa the same for LGBT couples as straight couples?
A: Yes. Following the Supreme Court's holding several years ago that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional, then-President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples would be implemented swiftly and smoothly. Since then, U.S. Citizenship and Immigration Services (USCIS) reviews immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As with any marriage-based immigration case, you and your spouse (or fiance(e) if not yet married) should consult with an immigration attorney who can evaluate your case to make sure there are no other issues, such as criminal history or past negative immigration history that could pose a problem.
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