[SKBERRY] Immigration Law

Wednesday, June 26, 2013

DOMA and Immigration

The Supreme Court of the United States issued a ruling on the Defense of Marriage Act of 1996 that may have drastic effects on the immigration of same-sex couples.  Prior to today's ruling, a legally married same-sex couple could not file for immigration benefits of their spouse.  In completing forms and attending interviews of a gay partner, it was always difficult to navigate which box to check and whether to present a marriage certificate.  I always marked the couple as "married," if they were married, but inevitably the immigration officer would change it to "single" because gay marriage was not recognized by the Federal Government.  In trying to be completely honest in the application, it was always uncomfortable.  That will no longer be the case. 

With the Supreme Court's ruling United States citizens legally married (as opposed to those in domestic partnerships or civil unions), will likely be able to bestow immigration benefits upon their foreign-born spouse, regardless of his or her respective genders.  This will affect which citizens can petition for their spouse, which deportation or removal cases are impacted and finally answer the question of "do I mark married or single," on the immigration forms?"





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Attorney is authorized to practice immigration law for clients in all 50 States. Licensed by PA and NJ.