It has been legal for a week! With the Supreme Court’s decisions last week, gay couples may get married in California and US citizens may petition to immigrate their foreign born spouses. In Hollingsworth v. Perry,the Court ruled that the official sponsors of Proposition 8 opposed to same sex marriage, did not have standing to challenge a federal court decision declaring the ballot measure to be unconstitutional. The result is that same sex couples now have the right to marry in California. In United States v. Windsor,the Supreme Court held that Section 3 of DOMA (Defense of Marriage Act) was unconstitutional, thereby permitting same sex marriage and entiltelment to federal benefits.
The right to marry is huge for gay and lesbian couples, especially those who wish to pursue immigration to the United States. But, the right to marry does not guarantee the right to a green card. Gay and lesbian foreign nationals are subject to all the laws regarding admissibility that all foreign nationals are subject to. I recommend that anyone considering immigrating consult with an immigration lawyer before starting the process. I have already started preparing petitions for gay and lesbian couples and would be happy to arrange for a consultation.