Prior to yesterday, the Defense of Marriage Act (DOMA) prevented the immigration service (USCIS) from recognizing same-sex marriages for the purposes of immigration.
However, the Supreme Court has struck down DOMA. The decision is momentous. Many US citizens took to the streets yesterday in celebration, unable to contain their joy at the news.
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Like Melanie Servetas, who was getting married on a beach in Rio de Janeiro at the time. Servestas gave up a high flying career and life in California in order to marry her partner, a Brazillian citizen. Even if they had got married in one of the 12 states that recognized same sex marriage, she would still have been prevented from sponsoring her wife for immigration purposes because of DOMA. The federal law prohibited married same-sex couples from obtaining federal marriage benefits.
So practically what does the decision actually mean? Well no promises can be made at this stage, we still have not seen the full effect of the Supreme Courts decision. It is thought however that same sex marriages will be approved with immediate effect. Of course any future immigration decisions are also influenced by other decisions and and in particular on the foreign national spouse’s immigration status and plans. Indeed, in some cases, being married to a U.S. citizen could still create issues when applying for nonimmigrant visas in the future. It will still be prudent to seek advice from a specialized attorney.
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