DHS Issues Guidance on DOMA Ruling

DHS Sec. Janet Napolitano directs the U.S. Citizenship and Immigration Services (USCIS) to implement last week's historic Supreme Court ruling and, effective immediately, "review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

The guidance also includes 2 FAQ's:

Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national.  Can I now sponsor my spouse for a family-based immigrant visa?

A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of your marriage.

Q2: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not.  Can I file an immigrant visa petition for my spouse?

A2: Yes, you can file the petition.  In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward.

#immigrationupdates   #DOMA  

Implementation of the Supreme Court Ruling on the Defense of Marriage Act | Homeland Security
Statement from Secretary of Homeland Security Janet Napolitano and Frequently Asked Questions about the Supreme Court ruling on the Defense of Marriage Act.

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