President Obama & Same Sex Marriage – An Immigration Law Perspective.

Recently, President Obama has expressed his view in support of same-sex marriage. This has raised a lot of questions in the Christian community as to his religious convictions. Some have asked what bible is the president reading. While others have questioned his political agenda.

My goal is to explore the president’s view from an immigration law perspective, not a political or religious one.

What does the president’s view on same-sex marriage mean for the United States Immigration Law?

U.S. federal law defines marriage as a union between two people of different sexes. Meaning between a man and a woman.

Immigration Options for Foreign Spouses

The US government ordinarily will not interfere in the love life and affairs of its citizens. When a U.S. citizen or non-U.S. citizen falls in love with a foreigner, they may establish a life together in the U.S. Their marriage or relationship can form the basis for a Green Card or visa application. These include a Green Card, K1 fiancé(e) visa, K3 non-immigrant visa, or other dependent visas.

Under U.S. Immigration Law, for a marriage or relationship to be recognized for immigration purposes, it no longer needs to be between a man and a woman.

Same-sex relationships or marriages are not recognized under the US federal Immigration Laws even though valid and recognized under state Laws.

There have been challenges against United States Citizenship & Immigration Services- USCIS by same-sex couples whose Immigration applications have been denied and hence denied the opportunity of having a joint and shared life together in the United States.

People have challenged the validity and constitutionality of the federal definition of marriage. The First Circuit Court of Appeal in Boston on May 31st 2012, declared the Federal Law defining marriage unconstitutional for not recognizing same-sex marriage and depriving them of federal benefits.

Read more on the court decision here.

How will this affect applications for benefit under the US Immigration Law? Time will tell.

All roads lead to the US  Supreme Court on this issue.

With President Obama in support of same-sex marriage, who knows, this may be a major breakthrough for same-sex couples as this may create a pathway for a change in the federal definition of marriage to accommodate same-sex couples and hence make them eligible for Immigration benefits.