Can same-sex couples get a marriage-based green card?

On Behalf of | Oct 27, 2021 | Family Immigration

It’s no secret that married couples in the United States may use that status to get a green card. If one person is a citizen and the other is an immigrant, for instance, but the immigrant needs to leave due to a visa that is about to expire, they may get a green card so that they can stay. 

However, the United States has notoriously had marriage laws that do not favor same-sex couples. What options do they have if they are also seeking a marriage-based green card? 

All couples have the same rights

The good news is that federal laws changed so that same-sex marriage must be allowed in all states. This also means that these couples have the same rights when they petition to get green cards based on their marital status. No matter where they got married, they are to be given the same exact consideration as opposite-sex couples. 

Keep in mind that this does not mean that all applications for these marriages will be approved. For instance, the government often conducts interviews to make sure that marriages are valid. This is an attempt to prevent people from pretending to be married and fraudulently getting green cards. Same-sex couples will be subject to the same scrutiny and may also have to go through these interviews. 

The goal, after all, is equality. This works in both directions. Same-sex couples have the same benefits but also have to go through the same red tape. If you and your spouse are in this position, trying to secure your life in the U.S., make sure you know about all of the legal options you have.