In the past few days, my phones in both Los Angeles and Palm Springs have been ringing; everyone wants to know if it is now possible for gay or lesbian US Citizens to successfully petition a green card for their foreign spouses. As an advocate for nontraditional families for over 30 years, I am hopeful that the time is coming soon. BUT NOT YET.
The reason for the excitement is understandable. Recently, the French government has moved to legalize same-sex marriage very soon. Her Majesty's government in the United Kingdom is likely to legalize very soon, also. Most important for us as Americans, comprehensive reform of the US immigration law may also have a provision that will allow recognition of same-sex couples for US immigration purposes. Right now, it is too early to know what Comprehensive Immigration Reform will look like.
There is NO PROCESS to get a green card for a same-sex married couple at this time. Applications will likely be held in abeyance; in the worst case, the foreigner may be thrown into deportation proceedings. In my view, it's too risky right now, unless there are some exceptional circumstances.
Finally, and most unpredictably, the Supreme Court of the United States will be deciding the case of US v. Windsor which may also provide a mechanism for US citizens to petition their same-sex spouses. I'll be writing more about the Supreme Court cases in another blog.
If you'd like to discuss an immigration matter for your family, please contact me. --jcf