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?
1 Answer from Attorneys
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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If a person enters America illegal how does that person become legal? Asked 4/07/10, 6:28 pm in United States South Carolina Immigration Law