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?
4 Answers from Attorneys
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.
Re: rights of same sex marriages in immigration law
no.
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.
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.