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Greg Siskind on Immigration Law and Policy

IT'S OFFICIAL: USCIS ACCEPTING SAME SEX MARRIAGE GREEN CARD PETITIONS

Rating: 3 votes, 5.00 average.

From Metro Weekly:



Following up on reports from this weekend, Metro Weekly just received confirmation from Christopher Bentley, the spokesman for the U.S. Citizenship and Immigration Services, that cases of foreign partners who are married to a same-sex partner and would otherwise be eligible for a green card are on hold in light of questions about the continued validity of the Defense of Marriage Act.


Bentley writes, "USCIS has issued guidance to the field asking that related cases be held in abeyance while awaiting final guidance related to distinct legal issues."


He notes, however, "USCIS has not implemented any change in policy and intends to follow the President's directive to continue enforcing the law."


The legal distinction means that although DOMA is still being enforced, the USCIS is using its discretion to hold off on denying green card applications where applicable.



Note that this does not mean anyone's getting a green card yet. But being able to file a case is really important. It means a person can live legally here. It means a person can get work authorization. If a person has no immigration violations, he or she might be able to travel with an advance parole document. Kudos to USCIS for doing the right thing.

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