USCIS Now Allows Same-Sex Couples to Sponsor Each Other for Green Cards

27 Jul

Same Sex Visas

Good Company: A Morse Barnes-Brown Pendleton Blog

Immigration Attorney Grant GodfreyBy: Grant Godfrey

On July 2, 2013, U.S. Citizenship & Immigration Services (“CIS”), the government agency with primary responsibility over granting immigration benefits, issued an Alert containing a statement from the Secretary of Homeland Security Janet Napolitano and a Frequently Asked Questions (“FAQ”) regarding implementation of the Supreme Court Decision that overturned a critical section of the Defense of Marriage Act (“DOMA”).

In her statement, Secretary Napolitano specifies that effective immediately, CIS has been directed to review immigrant visa petitions (commonly referred to as a petition for a “Green Card”) filed on behalf of a same-sex spouse in the same manner as it would for a petition filed by a heterosexual spouse. The FAQ reiterates Secretary Napolitano’s statement, and also clarifies that as a general matter CIS will look at the law of the place where the marriage was performed to determine if it is valid, not the spouse’s…

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