Following the Supreme Court’s ruling last week on DOMA, Secretary of Homeland Security Janet Napolitano has directed the U.S. Citizenship and Immigration Services (USCIS) to treat immigration visa petitions of bi-national same-sex spouses the same as those of an opposite-sex spouse.
Napolitano’s statement follows:
“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
This means that U.S citizens, legally married to a same-sex foreign national, can file an immigrant visa petition for their spouse even if they live in a state that does not recognize same-sex marriage.
