Supreme Court Ruling on DOMA and its Effect on U.S. Immigration

On Wednesday, June 26, 2013, the Supreme Court of the United States ruled regarding the Defense of Marriage Act (DOMA).

In its ruling, the Supreme Court held that portions of the Defense of Marriage Act were unconstitutional. As stated in the Secretary of Homeland Security's press release, "This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits." Secretary Napolitano's statements continues: "Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws."

It appears from sources with the American Immigration Lawyers Association (AILA) during their Annual Conference, that the U.S. Citizenship and Immigration Service (US CIS) will adjudicate marriage petitions for same sex couples if the marriage was valid where it was celebrated.

Categories: Immigration Blog