PAKISTANI LAW FORUM: Same sex marriage and possible repeal of DOMA

Wednesday, April 6, 2011

Same sex marriage and possible repeal of DOMA

An announcement by immigration officials in Washington on Monday that they were delaying decisions on some immigration cases involving gay couples led to a surge of expectations among gay advocates that the Obama administration had taken a small but significant step toward recognizing same-sex marriage.

While it is routine for American citizens in heterosexual couples to obtain green cards for their foreign spouses, the Defense of Marriage Act has barred such status for immigrants in same-sex marriages.

Yesterday, the USCIS clarified their position on DOMA and immigration benefits for same-sex couples. They indicated that expected policy guidance is going to aim to DENY petitions filed by same-sex petitioners for their spouses.

On Tuesday, March 29, 2011, USCIS issued a new statement, saying that Citizenship and Immigration Services "has not implemented any change in policy and intends to follow the president's directive to continue enforcing the law."

The USCIS field offices had suspended cases for a short period, perhaps a week or two, while lawyers clarified a "narrow legal issue" concerning the marriage act. USCIS said the agency would probably resume action on same-sex marriage cases in coming days and would continue to deny immigration status to foreigners based on those marriages.

Read more at
http://www.nytimes.com/2011/03/30/us/30immigration.html?_r=2

--- In mailto:immigrationforum%40yahoogroups.com, "Luba" <lubasmal@...> wrote:
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> USCIS Puts Cases Involving Same-Sex Partners on Hold.
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> USCIS headquarters has issued guidance to the field placing the adjudication of cases involving same-sex partners on hold while USCIS awaits final guidance relating to distinct legal issues involving the Defense of Marriage Act. Cite as "AILA InfoNet Doc. No. 11032842 (posted Mar. 28, 2011).
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> This could be a good news for all same-sex married couples who were not eligible for immigration benefits.
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> Luba.
> www.law-visa-usa.com
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>
>
> --- In mailto:immigrationforum%40yahoogroups.com, "Luba" <lubasmal@> wrote:
> >
> > March 27, 2011.
> >
> > For the first time, a U.S. judge has suspended the deportation of the foreign-born same-sex spouse of an American citizen. Last week's action by an immigration judge in New York comes amid ongoing challenges to the constitutionality of a law banning the federal government from recognizing marriages between homosexuals.
> >
> > Last week (3/22/11), immigration judge halted deportation proceedings to give same-sex married couple time to petition for federal recognition of their marriage.
> >
> > http://www.voanews.com/english/news/usa/US-Immigration-Judge-Suspends-Deportation-of-Gay-Spouse-118741179.html
> >
> >
> > --- In mailto:immigrationforum%40yahoogroups.com, "Luba" <lubasmal@> wrote:
> > >
> > > March 23, 2011
> > >
> > > An Argentinian woman from Queens won't be deported, a Queens judge ruled on Tuesday, until the legal status of the Defense of Marriage Act is better defined.
> > >
> > > Monica Alcota, who married American citizen Cristina Ojeda in Connecticut, faced deportation after overstaying her tourist visa. Ojeda petitioned to get her wife a green card in August but the federal government, following the Defense of Marriage Act passed in 1996, did not recognize same-sex marriages that are performed legally in a handful of states.
> > >
> > > Alcota's case is among the first of its kind since President Obama and Attorney General Eric Holder announced last month that they will no longer defend DOMA in court when it is challenged by same-sex couples.
> > >
> > > Last Wednesday, Senate Democrats introduced legislation to repeal DOMA.
> > >
> > > Read more at http://www.huffingtonpost.com/2011/03/23/gay-queens-woman-wont-be-_n_839647.html
> > >
> >
>

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