On July 2, 2013, in furtherance of President Obama’s order directing federal agencies, including the U.S. Department of Homeland Security, to ensure that the implications of the Supreme Court’s decision in United States vs. Windsor be implemented “swiftly and smoothly,” the U.S. Citizenship and Immigration Services (USCIS) has issued Frequently Asked Questions (FAQ) providing certain specifics regarding the implementation of the ruling in the immigration context.
As reflected in Gunter’s previous immigration alert, Historic week for U.S. immigration (June 28, 2013), as well as in USCIS’ FAQs, as a result of the Supreme Court’s decision, legally married same-sex couples now have access to the same immigration benefits as heterosexual couples.
Additionally, USCIS confirmed the general rule that it will look to the location where the marriage took place rather than the location where a couple lives to determine validity of the marriage. As such, a same-sex couple who moves from a state where their same-sex marriage was celebrated to another state that does not recognize the marriage should still have their marriage recognized under federal immigration law. However, as noted in the FAQs, this general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state where the marriage took place.
The following states recognize or will soon recognize same-sex marriage: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, Washington, and the District of Columbia.
Gunster’s immigration attorneys will continue to monitor the government’s implementation of the Windsor ruling in the immigration context. In the meantime, immigration counsel should be consulted for any questions regarding immigration benefits in this area.
For more information: Implementation of the Supreme Court ruling on the Defense of Marriage Act (FAQs, Department of Homeland Security)
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication. Established in 1925, Gunster is one of Florida’s oldest and largest full-service law firms. The firm’s clients include international, national and local businesses, institutions, local governments and prominent individuals. Gunster maintains its presence in Florida with offices in Fort Lauderdale, Jacksonville, Miami, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, The Florida Keys, Vero Beach and its headquarters in West Palm Beach. Gunster is home to more than 150 attorneys and 200 committed support staff, providing counsel to clients through 18 practice groups including banking & financial services; business litigation; construction; corporate; environmental & land use; government affairs; health care; immigration; international; labor & employment; leisure & resorts; private wealth services; probate, trust & guardianship litigation; professional malpractice; real estate; securities and corporate governance; tax; and technology & entrepreneurial companies. Gunster is ranked among the National Law Journal’s list of the 350 largest law firms. |
