If doma is knocked down this Month could I finally be able to get a green card threw my partner?
No. DOMA is not an immigration law. DOMA, including that one provision in the DOMA, is a federal law, which tried to define marriage. To be able to petition for you, the IMMIGRATION law and not just DOMA would need to change to provide for such benefit. Now, even if it did change, you would still be out of luck as partners are not covered by the current immigration law and are not likely to be covered by a future version of it. Only spouses are.
Whether an alleged marriage is valid for purposes of immigration is a question of Federal law, not of State law. In 1996 Congress clarified the Federal law concerning recognition of marriage by enacting the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (1996). Pub. L. 104-199 provides a statutory definition of "marriage", and of the concomitant term, "spouse". Section 7 of the Defense of Marriage Act (Pub. L. 104-199) states:
Sec. 7. Definition of ‘marriage’ and ‘spouse .’ In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.
For a relationship to qualify as a marriage for purposes of Federal Law, one partner must be a man, and the other a woman. This definition applies to the construction of any Act of Congress and to any Federal regulation. USCIS , therefore, must administer the Immigration and Nationality Act in light of section 7 of Pub. L. 104-199 and deny any relative visa petition (or any other application for an immigration benefit) which is based on a same sex marriage.
Unlikely to happen that quickly. Even if it is knocked down it is impossible to opine without knowing more whether you would qualify for a green card -- are you in status? did you enter with legal documentation? Have you accrued unlawful presence, worked without authorization, retuirned home after accruing unlwful presence and then returnedetc.?
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
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