QUESTION

Would I be able to adjust my status through same sex marriage and are there certain roadblocks?

Asked on Nov 04th, 2013 on Immigration - California
More details to this question:
I am an approved deferred action individual, and want to get an adjust of status when I get married to my fiance.
Report Abuse

6 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
Yes, so long as you are married in a state that recognizes same sex marriages.
Answered on Nov 05th, 2013 at 8:51 PM

Report Abuse
Your question omits an essential bit of information, namely, how did you come to the U.S. You said that you were approved for DACA relief. An overwhelming majority of DACA applicants in our practice came to the U.S. illegally. So, assuming that you belong to that majority, you need to know that, to be eligible to adjust status as a spouse of a U.S. citizen (or permanent resident) you need legal entry - meaning that adjustment is not possible unless you originally entered the U.S. with a visa and were inspected and admitted in the country. If this assumption is wrong and you, in fact, did enter the U.S. legally, you should discuss with an immigration attorney your prospects for adjustment of status as a spouse in a same-sex marriage (because the Immigration Service continues to give very hard time to applicants in same-sex marriage cases). Otherwise, you will have to wait for the Congress to change the immigration law.
Answered on Nov 05th, 2013 at 8:50 PM

Report Abuse
Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
Update Your Profile
You must have entered the country legally or a petition must have been filed on your behalf before 04/30/2001 to be eligible to obtain a green card.
Answered on Nov 05th, 2013 at 3:18 PM

Report Abuse
Yes. As long as you get married in a state that recognizes same sex marriages, you may apply for adjustment of status just like anyone else if you meet all the eligibility requirements.
Answered on Nov 05th, 2013 at 3:18 PM

Report Abuse
Immigration Law Attorney serving San Francisco, CA at Law Offices of S. Ouya Maina
Update Your Profile
Same sex marriages can now be the basis for an immigrant visa or adjustment of status provided the marriage is bona fide. Roadblocks would be the same as in a non same sex marriage - criminal history, visa violations, fraud issues. If you have specific concerns consult in detail with an attorney.
Answered on Nov 05th, 2013 at 3:17 PM

Report Abuse
Bruce A. Coane
If you entered the USA legally and /or with a visa, and are not otherwise inadmissible, then yes, you could apply for a green card once married.
Answered on Nov 05th, 2013 at 3:17 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters