The recent Supreme Court ruling against the Defense of Marriage Act (DOMA) has far reaching ramifications for many, especially for LGBT U.S. citizens or lawful permanent residents and their non-citizen spouses. Until now, these couples have been barred from obtaining immigration status for their non-citizen spouses. Secretary of Homeland Security Janet Napolitano says the DHS is “working with our federal partners, including the Department of Justice to implement the decision so that all married couples will be treated equally and fairly in the administration of our immigration laws”.
According to the UCLA Law School Williams Institute, there are approximately 30,000 gay bi- national couples raising nearly 25,000 children. Non-resident Mexican partners account for 25%, Canadian 8% and the UK 6%. California has more same-sex bi- nationals than any other state with one quarter of the total.
Under these circumstances, many families have had to split up, re-apply repeatedly for visas, or even return to their country of origin. Susan Jeannette of North County Legalization Services says, “We are already getting calls from clients who will be affected.” She emphasizes that the “pain of separation, relocation and even deportation for these families is coming to an end.”
The Washington, D.C. based American Immigration Council applauds the move saying “We urge the immigration agencies to work quickly to unite these families and honor the marriages that the Supreme Court has affirmed.”
