Legal Question in Immigration Law in South Carolina

Is there a law against an american gay man or woman marrying an opposite, non american person, without compensation, and then that person being granted citizenship based on the marriage?


Asked on 4/19/10, 9:40 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

First of all, the law doesn't grant US citizenship whenever a foreign person marries a US citizen.

There is a long and sometimes complicated process of applying for permanent residency, first.

US federal law doesn't recognize marriages between people of the same sex (same-sex marriage), therefore, a foreign spouse will receive no immigration benefit.

If a gay individual marries a foreign individual of the opposite sex, so she or he can get a green card, most likely this will be considered a 'sham' marriage because they don't intend to consummate the marriage, don't plan to establish a marital union and live together as a husand and wife, and the marriage is for the sole purpose of obtaining a green card. Sham marriage is punishable by law.

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Answered on 4/24/10, 12:38 pm


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