Immigration attorney in Boston Sues the USCIS and Obtains Legal Permanent Residence for Spouse of Same Sex Married Couple.

FitzGerald & Company is offering consultations to those who want to petition for a U.S. Green Card or U.S. Legal Permanent Residency for their same sex spouse.

On June 26, 2013, the Supreme Court struck down the Defense of Marriage Act (DOMA), a law which did not allow the federal government to recognize same sex marriages; and on August 12, 2013 the USCIS approved an immigrant (residency) visa petition or “green card” for a same sex spouse from a Federal lawsuit filed by FitzGerald & Company in February of 2013 –the first one of this kind in Massachusetts.

The Secretary of Homeland Security, Janet Napolitano, announced that the Department of Homeland Security would allow same sex couples to obtain immigration benefits under immigration law. According to immigration attorney, Desmond P. FitzGerald, Principal of the Boston immigration and criminal defense firm FitzGerald & Company, LLC, this means that family petitions, derivative employment benefits like a visa or a green card, and many other options will now be available to everyone.

Massachusetts was the first in recognizing the validity of same sex marriage in the the United States in 2004 and the well known Boston immigration law firm, FitzGerald & Company, LLC, believes that soon the Massachusetts District Court will order the USCIS to grant immigration visas or “Green Cards” to partners in same sex marriages, which until now used to be denied based on the third section of the DOMA law.

“It is expected in the coming month, that a number of federal courts, including the District of Massachusetts, with pending cases involving this issue will begin to order the USCIS to grant immigration benefits immediately”, declares FitzGerald. “Our office has litigated the first and only case to date in the Federal court of Massachusetts and we received a favorable decision last Monday, August 12, 2013. The Boston Immmigration law firm, FitzGerald Law Company is actively filing U.S. green card/residency petitions for spouses of same sex marriages and litigating in these types of cases that were previously denied by the USCIS. ”

Learn more about U.S. Residency/ Green Card petitions based on marriage.

To read the complete announcement by Homeland Security Secretary, Janet Napolitano, visit the following newsletter from FitzGerald & Company.

If you reside in the state of Massachusetts and would like to obtain information about filing an immigration petition, please contact us through this online form or call 617-303-2600

See: Information about Residency and Citizenship

About Desmond P. FitzGerald:

Attorney Desmond P. FitzGerald is the Principal and Managing Director of FitzGerald & Company, LLC in Boston, MA. He is a criminal and immigration litigator and has successfully litigated hundreds of immigration cases in Federal court. He has more tan 20 decisions published and many of them have created precedent. Attorney FitzGerald is admitted by the Bar to practice law in MA, NH, FL, and Washington D.C. and he is an active member of the American Immigration Lawyers Association (AILA) and the National Association of Criminal Defense Lawyers (NACDL). For more information visit:


Gloria Lara

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