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Update on Deferred Action for Childhood Arrivals (DACA)


More Guidance on Post-DOMA Benefits

 

LBGT families for immigration reform signAs previously announced, on June 26 the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional, permitting bi-national, same-sex married couples to petition for the same immigration benefits offered to heterosexual couples. These benefits include family-based petitions, employment-based dependent petitions, nonimmigrant visa petitions, and waivers from deportation such as Cancellation of Removal.

 

More recently, USCIS has confirmed that same-sex couples who legally married in a state that recognizes same-sex marriages, but do not reside in a state that does, are still eligible for immigration benefits. Under the Immigration and Nationality Act, to be a legal marriage for immigration purposes, the marriage must only be legal in the jurisdiction in which the marriage occurred.

Photo: Courtesy of flickr.com/photos/ep_jhu (CC).

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