Response to Meet Binational Couples Affected By DOMA:
Brian T, you are mistaken. The Constitutionality of DOMA is one of the issues before SCOTUS. As Isabel5 says, DOMA as federal law does not permit USCIS to recognize the validity of same-sex marriages in U.S. jurisdictions (now moving toward9total) that do recognize them. There is little doubt in my mind, given certain legal analogs, that if DOMA was removed, either by being struck down by the ruling or repealed directly, USCIS would have the legal authority to grant the same benefit to lawful same-sex spouses as lawful opposite-sex marriages, provided all the other requirements for admissibility are met. One of those benefits is for U.S. citizens and permanent residents to be able to petition for immigrant visas/permanent residency for their spouses. AlthoughIdo not know all of the specifics of the cases above, it seems very likely that for many of them the change in the law would be extremely beneficial. In fact, pursuant toawell-known memorandum on this issue, DHS and EOIR are specifically declining to pursue removal of persons who would be eligible for immigration relief but for ineligibility because of DOMA. This is notaguess,Iam an immigration attorney andIknow the law regarding these issues very well. The legal analysis is very straightforward.
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