Wednesday, June 26, 2013

Impact of DOMA decision - Binational couples and immigration


Today's ruling by the US Supreme Court on the unconstitutionality of the Defense of Marriage Act will have sweeping effects on many levels for married gay and lesbian couples. Among those will be the ability to apply for a green card for foreign national spouses.

Via Immigration Equality:

Following the U.S. Supreme Court’s landmark ruling striking down a core provision of the federal Defense of Marriage Act (DOMA), lesbian and gay Americans will now be eligible to apply for green cards on behalf of their foreign national spouses, the organization Immigration Equality announced today. The court ruled today, in United States v. Windsor, that Section 3 of DOMA, which prohibited the federal government from conferring benefits to married same-sex couples, is unconstitutional. That provision of the law made it impossible for lesbian and gay couples to receive immigration benefits, including green cards.

“At long last, we can now tell our families that yes, they are eligible to apply for green cards,” said Rachel B. Tiven, executive director of Immigration Equality. “Many of our families have waited years, and in some cases decades, for the green card they need to keep their families together. Couples forced into exile will be coming home soon. Americans separated from their spouses are now able to prepare for their reunion. Today’s ruling is literally a life-changing one for those who have suffered under DOMA and our discriminatory immigration laws.”

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