The Supreme Court Says All 50 States Must Allow Same-sex Marriages And Recent Update Of Important Immigration Issues

Who will benefit with the Supreme Court Ruling on Same-Sex Marriage?

The benefits of the Supreme Court ruling are (a) psychological, (b) a convenience factor, and (c) legal issues.  Now, same-sex couples, transgender individuals and heterosexual couples are equal in the marriage laws of every state.

A same-sex couple who marry in any state now have the full rights and responsibilities of any other married couple.  Dependent’s benefits will now be available to all, just as in traditional marriages.

The Supreme Court decision is primarily a victory for same-sex partners living in the U.S.   Citizens of other countries might decide to come to the US to marry, but they would have to qualify for tourist visas.  Also, because of the distance and expense involved, European same-sex partners would probably choose to marry in Europe.   Same-sex marriages are already accepted in 14 European countries, as well as in New Zealand, South Africa, Canada, Mexico and 4 countries in South America.

The Court decision will make America appear to be very supportive of all types of relationships, and this will please people in the LGBT community, as well as many liberal-minded persons.  However, it will be many years before the majority of people in the US can accept a marriage that is not the traditional union of a man and a woman.  The best thing about the Court decision is that LBGT people in the US now know that their same-sex marriages are accepted legally throughout the US.    Social acceptance of non-traditional marriages may have to wait for a couple of generations.

CAN A TRANSGENDER PERSON IN THE U.S. SPONSOR A FIANCEE IN VIETNAM?

In fiancée cases, the Vietnamese government has no way to stop the process.  If the lady, or man, in Vietnam is issued a fiancée visa by the US Consulate, then he or she is free to go.  The Vietnamese government does not try to find out anything about the sponsor in a fiancée case.

On the American side, it really makes no difference which sexes are involved in a fiancée visa application.  It can be the usual male-female relationship, or two females, or two males, or a transgender person sponsoring either a male or female fiancée.  There are no restrictions.

Of course there must be the usual evidence of a bona fide relationship, and  documentary proof of the official name/identity change of the transgender person.  In other words, documents are needed to show that the person listed on a birth certificate is now of a different sex and has a different name.

WHY IS THE CONSULATE NOT ISSUING VISAS AS QUICKLY AS USUAL FOR CASES THAT WERE APPROVED RECENTLY?

The State Department’s software problems are preventing it from conducting online security check.  Without the security checks, visas cannot be issued.   On June 25, the Consulate said, “Systems issues that have affected the Department of State’s ability to issue visas are being resolved.  The Consulate is currently able to print some visas and we are working as quickly as possible to clear the backlog of pending visa cases. 

However, visa applicants should expect some continued delays receiving their visas.    As always, we strongly recommend that you refrain from finalizing your travel arrangements, including purchasing your airline ticket, until you have received your visa in hand”. 

WHAT’S HAPPENING WITH DACA AND DAPA?

DACA, meaning Deferred Action for Childhood Arrivals, is still in effect under the rules that were announced in 2012.    You can still apply if you meet the requirements that were put into effect 3 years ago.

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The new DACA, contained in Mr. Obama’s Executive Actions last November, expands the eligibility for DACA.  However, it is on hold indefinitely.  The same is true of DAPA, Deferred Action for Parents of Americans and Permanent Residents.   Both of these programs were supposed to be in effect already, but they are pending a decision by the courts.   Early in June, Mr. Obama said that applications for DAPA and the new DACA should not be accepted until there is a final ruling by the courts.  On 10 July, there will be another court hearing, but no one is optimistic about the result.