In regards to Gay Marriage; would it still be applicable for someone to receive citizenship into the US?

Question

Would the laws regarding automatic grant of citizenship in an heterosexual union be the same in an homosexual one?

Answer 1

Citizenship is acquired through federal law, not state law, so even if your state allows same-sex marriages you probably can´t sponsor an immigrant that way.

Answer 2

Oooh, good question. There are a whole host of federal / state sovereignty issues there. I would imagine that the law Congress enaacted about 5 years ago defining marriage as between a man and a woman would probably mean that, for marriage under the immigration laws (which are exclusively federal) it could only be between a man and a woman. Now, does that mean that such a result is constitutional (under the Full Faith and Credit clause, under state sovereignty / federalism, or under the Equal Protection or Due Process Clauses)? I don't know. But, if you have to file your federal taxes as "single," even if you've been "married" in Massachusetts, I would think the answer would be the same for immigration.

Answer 3

There is no law about acquisition of "automatic citizenship" through marriage. In most countries, marrying a local citizen gives the foreign spouse a means to apply for legal residency in that country and eventually apply for citizenship, but none of that is automatic.

Answer 4

The federal authorities that administration immigration do not observe of similar sex marriages as allowed by particular states. California does not presently enable similar sex marriage besides the undeniable fact that the courts presently ruled that Prop 8 replaced into unconstitutional so the count number must be resolved quickly. If the U. S. excellent court hears the case and upholds the 9th Circuit's ruling then similar sex marriage might want to be legal on a federal aspect and a overseas nationwide marrying a similar sex significant different contained in the U. S. might want to be known by ICE. besides the undeniable fact that, the immigrant in question might want to must be in status on the time of the marriage. otherwise there's a lengthy procedure, in a good number of cases proper to that human being returning residing house for a era of time. I recommend at that aspect you get an legal specialist because there's a wide enormous difference between being contained in the U. S. legally once you marry your significant different and being contained in the U. S. illegally once you marry your significant different. that is authentic for immediately people too.

Answer 5

No, and it isn't automatic for heterosexuals, either. However, immigration does not recognize gay unions as marriage.

Answer 6

you need to ask a domestic lawyer. some states have legalized gay marriage but citizenship is a federal thing. so ask a qualified lawyer.

Answer 7

No