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July 3 2013

Department of Homeland Security Begins Processing Green Cards for Same-Sex Spouses

By: Nathaniel R. Wolf

With the U.S. Supreme Court’s recent decision to strike down the Defense Of Marriage Act (“DOMA”), the Department of Homeland Security has recently begun to review immigrant visa petitions filed on behalf of same-sex spouses in the same manner as those filed on behalf of opposite-sex spouses.  In response to a directive from President Barack Obama to implement benefits for legally married gay couples “swiftly and smoothly,” the change is immediate.  According to an FAQ on the Department of Homeland Security’s website, same-sex couples may begin filing visa applications now and they will be evaluated based on immigration law, not same-sex marital status. 

If you have questions regarding this or other immigration law issues, please contact Nate Wolf at Mika Meyers PLC, 616-632-8000.