LOS ANGELES – An immigrant has filed a lawsuit seeking legal status based on her same-sex marriage to an American.
The lawsuit against the Department of Homeland Security fights for homosexual couples to obtain the same immigration rights as heterosexual married partners.
Jane DeLeon, an immigrant from the Philippines, her son Martin Aranas, 25, and DeLeon’s American spouse Irma Rodriguez have contested the federal Defense of Marriage Act (DOMA), which defines marriage as a union between a man and a woman.
“Our immediate concern is with the failure of the administration to implement a policy to provide protection from deportation for immigrants in same-sex marriages, as they’ve done recently for undocumented youth,” said Peter Schey, executive director of the Center for Human Rights and Constitutional Law and the lead attorney in the case.
This isn’t the first time that the constitutionality of DOMA has been questioned. A May 31 ruling in Boston found that DOMA unconstitutionally denied federal benefits to lawfully married heterosexual couples, so it is no wonder that the law would provide even less help to homosexual couples.
DeLeon and Rodriguez were married in California in 2008, before voters approved a constitutional amendment to ban same-sex marriages. DeLeon applied for a visa but was denied in April 2011.
Currently, only six states and the District of Columbia allow same-sex marriage.
If you are experiencing problems with green card, work visa or other legal status applications, turn to an immigration lawyer immediately for assistance. Immigration attorneys work diligently to protect your rights and ensure your case will end with a positive outcome.
Whether you need help with legal status, family reunification or even with contesting criminal charges, immigration lawyers will see to it your case runs quickly and smoothly.
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