Unconstitutionality of DOMA and Immigration Consequences

On June 26, 2013, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA), opening the door to immigration benefits for same-sex couples.

Section 3 of DOMA defined marriage as a union between a man and a woman. Because of this definition, same-sex couples were unable to apply for permanent residence based on their marriage or for other immigration benefits that derive from marriage. This meant that gay and lesbian couples were either forced to be separated, live outside the US, face deportation or live in fear of being deported.

The decision of the Supreme Court striking down DOMA’s Section 3 brings good news to the same-sex couples when it comes to immigration benefits. They now have the same rights as straight couples when applying for legal permanent residence or as dependents of their spouses. However, couples must be careful when applying for green cards or other benefits. It is important to remember that simply being married does not automatically grant a legal status. One of the concerns specific to gay and lesbian couples is the place of marriage - not all states in the United States recognize same-sex marriage as a lawful marriage. There are other issues and the couples interested in pursing green card through marriage or other benefits should have an immigration attorney review their case to assure they truly are eligible to apply for an immigration benefit.  

On July 2nd, Secretary Napolitano issued a statement implementing the Supreme Court ruling to immigration cases. You can read the statement HERE.

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