WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Important note: Although courts may be closed or accepting limited cases due to COVID-19, there should still be a way to file for a protection order and other emergency relief. See our Frequently Asked Questions Involving Courts and COVID-19, or call your local courthouse for more details.

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?

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).

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

1Obergefell v. Hodges, 135 S. Ct. 2584 (2015)

© 2008–2019 WomensLaw.org is a project of the 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). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.