Because the Supreme Court has struck down the Defense of Marriage Act, same-sex couples from around the world are now eligible for immigration benefits if their spouse emigrates to the United States. Just as opposite sex spouses, same sex spouses can now apply for nonimmigrant visas for themselves as well as any dependent children or stepchildren under the age of 18. For a company looking to bring a worker in a same sex marriage to the United States, a St. Louis Immigration Law Lawyer can help with I-130 or I-140 application for his or her family.
St. Louis Immigration Law Lawyer on Marriage vs. Civil Unions
One catch, however, is that the union must be recognized as a “marriage” in the particular country this family is emigrating from. Therefore, the following relationships will NOT be eligible for immigration benefits:
- Civil Unions
- Domestic Partnerships
For instance, in Germany, same sex couples have rights under what is known as “registered life partnerships.” A German immigrant in a same sex relationship would not be eligible for an I-130 or I-140 visa because it is not technically a “marriage.” A St. Louis Immigration Law Lawyer can examine the laws of the respective countries where potential workers are coming from to determine their legal status.
If a person is not in a legally-recognized same sex marriage, it would still be possible to bring over a partner using an I-129F petition for an alien fiancée. If this is the case, there will need to be accompanying paperwork proving the intent to marry. A St. Louis Immigration Law Lawyer can help with this paperwork and make the process as smooth as possible.
If you are a business who has found a worker and he or she needs help bringing their same sex family to the United States, contact the attorneys at McMahon Berger. With years of experience handling work visas such as H-1B, we can provide expert advice on bringing talented workers to America.