Potential Major Shift for Gay Immigrants' Same–Sex Marriages in the U.S.

by Ying-Di Yin, ORAM Intern

President Obama’s declaration of the unconstitutional nature of the Defense of Marriage Act (DOMA) may be a salvation for gay immigrants' same–sex marriages.

If taken seriously, The Daily Beast/Newsweek reports federal governments may prevent gay immigrants from being deported even after marrying their U.S. citizen gay partner.

Two USCIS districts--Washington, D.C. and Baltimore--have put cases in their districts concerning married gay and lesbian couples on hold. Suggestions that this will become a national practice has been voiced by Christopher Nugent, the chairman of the Immigrant Rights Committee for the American Bar Association saying. “They can’t do that in two jurisdictions and not do it in other jurisdictions,” says Nugent, offering hope for gay immigrant marriages in the United States

This change in practice could allow foreign spouses of gay and lesbian married couples who have overstayed their legal status to file for a marriage-based green card petition, protecting them from deportation actions as well as buy time for those already in deportation proceedings to reverse such claims.

Read more about this same-sex marriages and gay immigrants.

(Source: The Daily Beast)