Now that the SC has ruled that the DOMA is unconstitutional, does that mean that same sex couples who are apart because one is not an American citizen can now get together through a family-based green card petition?
Only if they are married and possibly only if immigrating or living in a state where same-sex marriage is recognized.
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Not under the present INA statutory reguilations.
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I think we'll need to wait and see exactly what USCIS and the Dept. of State will do to respond to the decision. DHS today indicated that they will respond. See the link below:
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I think it will happen soon. I plan to apply for same-sex married couples who are seeking adjustment of status. The secretary of homeland security has stated after the DOMA rulling that they are working on implementing the necessary changes in immigration policy. So its not clear but probably yes.
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They have to be legally married under laws of a country or a state where they are getting married.
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I have written an article which outlines the possible changes that will be coming. See below.
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