The Visa Waiver Program allows citizens of participating countries to travel to the United States without a visa for stays of 90 days or less, when they meet all program requirements. With the addition of Chile, there are now 38 countries participating in the Visa Waiver Program. Travelers must be eligible to use the Visa Waiver Program and have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel. For more information on program requirements.

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The court’s ruling will have a major impact in the immigration context because it essentially recognizes all same-sex marriages that are valid in the state or country where performed. Same-sex marriages are currently recognized in 15 countries and legal in 12 states and the District of Columbia. Now legally married same-sex couples will receive federal benefits including immigration benefits that are equal to those received in heterosexual marriages.

The two federal agencies that enforce immigration laws, the Department of Homeland Security and the Department of State, must now recognize legal same-sex marriages for immigration purposes. As a result, U.S. citizen or permanent resident spouses will be able to seek permanent residence for their foreign spouses, if their same-sex union is recognized in their jurisdiction. Married same-sex couples will likewise be able to immigrate to the U.S. based on employment and family relationships. It is also possible that nonimmigrants like temporary workers and students may be allowed to have their same-sex spouse accompany them during their temporary stay in the U.S.

An important caveat is that some states and countries where same-sex marriage is legal require one or both of the spouses to be residents of the jurisdiction where they were married. Consequently, non-resident same-sex couples may not necessarily receive the same benefits as same-sex couples who reside in the jurisdiction where their marriage took place. Same-sex couples should receive counsel from experienced immigration attorneys to understand how this ruling applies to the specific facts of their immigration situation.

Be assured that the staff of Rose Immigration Law Firm will keep you posted as we await additional guidance and agency action on how this ruling will impact immigration laws.

The post Supreme Court Ruling Requires Department of Homeland Security and Department of State to recognize legal same-sex marriages for Immigration Purposes appeared first on Rose Immigration Law Firm, PLC.

The fee will be use to cover the immigrant visa costs of producing and delivering permanent resident cards. The staff of Rose Immigration Law Firm is aware of the effect that any new fee has on the client we serve.

Important Points to Remember

Starting on February 1, 2013, applicants must pay both the Department of State (DOS) application fee and the USCIS Immigrant Visa Fee, in addition to the existing Department of State.

Rose Immigration Law Firm will assist you in paying the online fee through the USCIS website.

You should notify Rose Immigration Law Firm after you have received your visa package from the consulate and before you depart for the United States. We will then make the payment for you.

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