Same Sex Couple Visas

Effective immediately after the U.S. Supreme Court decision holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, immigration visa petitions filed on behalf of a same-sex legally married spouse shall be reviewed in the same manner as those filed on behalf of an opposite-sex spouse.

Practically, this means that a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national may now sponsor his or her spouse for a family-based immigrant visa. U.S. citizens may also file for a K-1 Fiance Visa on behalf of their same-sex fiance. Further guidance from the USCIS is expected as it implements regulations to comply with the U.S. Supreme Court decision.

There are two primary issues that will be considered when filing a visa petition involving a same-sex couple. The first is whether the marriage is valid under State law, which is governed by the law of the place of celebration of the marriage. See Matter of Lovo, 23 I&N Dec.at 748. The second is whether the petitioner has established that his marriage to the beneficiary (or relationship to the fiance) is bona fide. See Matter of Laureano, 19 I&N Dec. 1 (BIA 1983); Matter of McKee, 17 I&N Dec. 332 (BIA 1980); Matter of Phillis, 15 I&N Dec. 385 (BIA 1975).

The Law Offices of Michael Cho is currently representing several same-sex couples on their K-1 Fiance Visa, K-3 Spouse Visa, and Adjustment of Status Applications. We are familiar with the unique issues presented by immigration petitions filed on behalf of same sex couples and stand highly qualified based on over 11 years of specialized experience in representing international couples throughout the world.

We represent clients from states throughout the United States and who come from countries throughout the world
We specialize in preparing winning I-601, I-212, and 212(d)(3) waivers for complex cases involving clients who are inadmissible to the U.S. due to unlawful presence, a prior deportation, misrepresentation/fraud, or a criminal conviction in their background.
We maintain a near perfect success rate on all family-based and investment-based petitions filed on behalf of our clients
We maintain a near perfect success rate on all K-1 Fiancee Visa, K-3 Spousal Visa, and Family-based Adjustment of Status petitions filed
All legal representation is handled directly by attorney Michael Cho, a long-time member of the American Immigration Lawyers Association
Attorney Michael Cho is a graduate of the University of Chicago Law School, one of the top law schools in the nation, where he studied law directly under Professor Barack Obama, now President of the United States of America
We represent both start-up companies and multinational corporations who rely on us to obtain employment-based visas for their most valued employees and executives
We utilize the latest in secure technology to effectively represent our clients who reside throughout the U.S.A. Video conferences are available with attorney Michael S. Cho so that all your questions can be answered in face-to-face meetings regardless of where you may be located.

(Past results do not constitute a guarantee , warranty, or prediction regarding the outcome of your legal matter)

All of our clients receive VIP treatment consisting of the following services:

Unlimited consultations with Attorney Michael S. Cho.: You always have access to an experienced immigration lawyer who is long-time member of the American Immigration Lawyers Association and a graduate of the University of Chicago Law School, one of the top law schools in the nation. You will always have your questions answered from the moment your case is opened until your visa, lawful permanent residency, or U.S. citizenship is secured.

24 hour / 7 day a week access to the Client Update Center.: All our clients may request access to our online case management system, which allows them to monitor the status of their case as it progresses from filing to resolution. All important USCIS correspondence and receipts are electronically scanned and can be made available to you confidentially via e-mail or through your own personal account so that you never lose track of important dates and information.

Instant digital access to every document in your legal case file.: Every single document you submit to us along with all USCIS correspondence and receipts are digitally scanned and securely stored with our law firm as part of your case file. This has proven invaluable for our clients located throughout the world who require instant access to critical documents before embassy interviews, USCIS appointments, and other important events.

Expert attorney preparation of your USCIS petition and Consular forms.: Your petition is always personally prepared and reviewed by Attorney Michael S. Cho and meticulously checked for accuracy. We try to make sure that EVERYTHING is done right the first time, so that you avoid unnecessary delays and denials. We complete all USCIS forms, draft well-researched legal memorandum and petition letters, help you gather supporting documents, and submit everything in the most expeditious manner possible.

Constant monitoring and advocacy on your behalf.: Our work does not end with the submission of your petition. We keep tabs on your case as it is being processed, keeping you up to date on its status as well as notifying you of any relevant changes in immigration laws and procedures. The vast majority of our clients encounter no delays or problems with their cases due to our experience and expertise.

Preparation for interviews.: WeÂ prepare you for all USCIS and U.S. embassy interviews. We conduct "mock interviews" with you to make sure you are well-prepared for the types of questions that may be asked and have every document necessary for a speedy approval. Other immigration attorneys routinely engage in the practice of charging double fees: one to file the USCIS petition and another to support you during the interview phase. We firmly believe in providing our clients trusted and experienced legal representation from start to finish at a single affordable fee. We will represent you from the moment you hire us until your visa, lawful permanent residency or U.S. citizenship is obtained.

Continued immigration support.: We can continue to monitor your immigration status even after your case is resolved to ensure that you never fall out of legal immigration status. We try to inform you when additional filings or actions must be taken and handle everything in the same professional and expeditious manner as before.

Testmonials from some of our current and past clients can be found on our new Facebook page at: https://www.facebook.com/michaelchoimmigration.

You may also view client reviews for family-based immigration cases handled by Attorney Michael S. Cho (including I-601 waivers, I-212 waivers, fiance and marriage visas, adjustments of status, and removal of conditions) on our site for international couples at: http://www.smartimmigrationlawyer.com/michael-s-cho-immigration-lawyer-reviews/