Legal Information: Federal

Immigration

View all
Updated: 
January 30, 2018

Does a same-sex marriage count as being "married" to the abuser for immigration purposes?

Yes. A marriage is valid under immigration law if it is valid in the jurisdiction where it took place. Now that the U.S. Supreme Court has ruled that it is unconstitutional for states to ban same-sex marriages,1 any valid same-sex marriage performed in the United States should be recognized by USCIS (Immigration).

1Obergefell v. Hodges, 576 U.S. ___ (2015)

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

Next: Who is eligible to self-petition?

© 2008–2019 National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided.