July 3, 2013
The United States Supreme Court’s June 2013 ruling striking down the Defense of Marriage Act (DOMA) as unconstitutional has created an opportunity for certain foreign nationals in same-sex marriages to petition for immigration benefits previously barred by the DOMA. These may include, depending on the immigration situation of the couple concerned, and the form and jurisdiction of the union:
The U.S. Citizenship and Immigration Service approved the first permanent residency petition based on the beneficiary’s same-sex marriage to a United States citizen on July 1, 2013, and further changes in the agency’s procedures for adjudicating petitions based on same-sex marriages are likely to follow in the coming weeks.
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