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Chavez & Valko, LLP



Dallas 214-251-8011

Fort Worth 817-332-1100

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Dallas Same-Sex Spouse Immigration Lawyer | Fort Worth Gay Couple Green Card Attorney

Secretary of the Department of Homeland Security Janet     Napolitano confirmed that USCIS will accept family-based petitions filed on behalf of same-sex couples by U.S. Citizens or Lawful Permanent Residents

After the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, the federal agencies were directed to ensure that the federal benefits for same-sex legally married couples get implemented swiftly and smoothly. DHS Secretary Napolitano has directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of same-sex spouses in the same manner as those filed on behalf of an opposite-sex spouse. Similarly, USCIS Director Alejandro Mayorkas has ordered the review of all previously filed I-130 petitions that may have been already denied.

What does it mean for legally married same-sex couples?

  • A U.S. Citizen or Lawful Permanent Resident spouse may now file an immigrant visa petition on behalf of his or her same-sex spouse which serves as a basis for adjustment of status (“Green card”) or consular processing of an immigrant visa as such that the I-130 petition will not be automatically denied as a result of the same-sex nature of the marriage. The couple will still have to prove the bona fide evidence of their relationship.
  • USCIS advises that even if same-sex couples live in states that do not recognize same-sex marriages, it will look to the law of the state/place where the marriage took place in determining whether it is valid for immigration purposes.
  • This decision now allows for sponsorship or derivation of dependent status in the following situations:
    • Adjustment of status or Immigrant visa applications
    • K-1 Fiancé(e) and K-3 Spouse of a U.S. Citizen petitions and visa applications
    • Dependent beneficiaries in the most commonly used classifications: E-2, H-4, L-2, 0-3, P-4, R-2 and others, as well as in employment-based immigration (spouse of a principal beneficiary of an I-140 petition or I-526 (EB-5) investment petition.
  • Same-sex spouses will now also serve as qualifying relatives for:
    • Inadmissibility waivers (I-212, I-601, I-601A)
    • Cancellation of removal proceedings
    • Requests of prosecutorial discretion

For more information on the requirements and procedures please contact one of our three offices for more information at 214-251-8011 (Dallas, TX), 817-332-1100 (Forth Worth, TX).

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“Mr. Chavez I cannot THANK YOU enough for helping us in reuniting our family. The WAIVER you completed for my husband was EXCELLENT. We will forever be grateful to you and your professional staff. I knew from my first consultation that you were sincere about helping your clients. You are an example of what a great attorney is. I HIGHLY recommend your law firm to everyone.“

– Elizabeth C., Crowley, TX (I-601 Waiver of inadmissibility in Cd. Juarez, Mexico)

“I am the General Counsel for a global internet security company. I have been working with Martin and his team for over three years on immigration matters including permanent residence, intracompany-transferee, investor’s, and H-1B matters. My experience has been outstanding. Martin or anyone in the firm always respond promptly and professionally. I usually work on very tight deadline and Martin and his team have always helped us achieve our goals. In my experience in comparison to working with other immigration lawyers, Chavez & Valko makes the complicated and burdensome process feel like a breeze. I would recommend Chavez & Valko to anyone who wants precision, promptness and professionalism.”

– Alexandra Albro, General Counsel, ESET ESET

“My husband WAS detained in a detention center, facing the possibility of deportation. As of today, my husband is home . . with the judge granting his cancellation of removal, and he was able to keep his permanent resident status here in the United States. . . The law firm of Chavez & Valko was wonderful to work with, guiding us through this long and difficult process with such conviction and compassion, that they gave my family and I that peace of mind of hope and encouragement that everything will be fine. . . I highly recommend the law firm of Chavez & Valko to anyone with immigration matter(s). . . Please continue doing what you do because you guys really do change lives. ”

– Removal client, Dallas, TX (Cancellation of Removal of Lawful Permanent Resident)

“My family and I would like to thank the attorneys from the immigration law firm of Chavez & Valko LLP for the great work fulfilled in my immigration case which had a happy ending. . . the immigration law argued that a criminal case like the one I had was eligible for deportation and my options were minimal. . . With their experience and great knowledge in immigration law, their perseverance and professionalism, they were able to win my case in my favor in Dallas immigration court (EOIR). I would like to give special thanks to the law firm of Chavez & Valko, who was with us at all times giving us support, security and great optimism.”

– Cecilio & Family, Dallas, TX (Defense against deportation in immigration court with 212(h) Waiver and Cuban Adjustment)

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