Legal Question in Immigration Law in District of Columbia

rights of same sex marriages in immigration law

I understand that same-sex marriage is permitted in Hawaii. Can that marriage be a basis to immigrate one of the partners?


Asked on 11/06/03, 4:02 pm

4 Answers from Attorneys

Neena Bohra Law Offices of Neena Bohra

Re: rights of same sex marriages in immigration law

No such luck! This is not possible as marriage is controlled by state law and immigration law is federal in nature.

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Answered on 11/07/03, 11:08 am
Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: rights of same sex marriages in immigration law

no.

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Answered on 11/10/03, 11:37 pm
Larry L. Doan Law Office of Larry L. Doan

Re: rights of same sex marriages in immigration law

Common Q. Absolutely not! Federal law controls immigration and does not defer to what Hawaii does.

Liem Doan, Esq.

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Answered on 11/06/03, 7:39 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: rights of same sex marriages in immigration law

I believe that you're mistaken about Hawaii having

sanctioned homosexual marriage. There has been much talk, but as of yet, no final action on this particular issue.

In any event, as the other two attorneys have already indicated, federal immigration law would not be bound to recognize any homosexual marriage laws enacted by the state of Hawaii for purposes of effecting an I-130 petition.

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Answered on 11/10/03, 3:25 pm


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