USCIS’s bar on U.S. citizens filing immigrant petitions on behalf of their lawful same-sex spouse may be closer to being removed as there have recently been some major developments on this front. The bar is based on the Defense of Marriage Act (DOMA) which the Obama administration admits is unconstitutional and will not defend in Court. Note: DOMA bars any federal recognition of same sex marriages even if legal in the state where the marriage took place. That said, the White House has not ordered federal agencies, including USCIS, to ignore the law.
The Obama administration may genuinely believe the courts have to act before USCIS can ignore DOMA but it is able to exercise other options to help these families. For example, all deportations could be halted under the recently released prosecutorial discretion memorandum. USCIS could also grant parole status to immigrant same-sex spouses as well as EADs. There are many avenues available and we at Miller|Conway hope the government strikes down what it views as an unconstitutional law in order to allow state recognized spouses to reap the immigration benefits married couples are entitled to under federal law.
Miller|Conway, Charleston immigration lawyers in Goose Creek, South Carolina, help clients in removal/deportation and those detained by police/ICE. Should you or a loved one be arrested or otherwise detained by local police and/or ICE contact Miller|Conway, Goose Creek attorneys, at 843.764.3334. You may also follow Miller|Conway, Goose Creek attorneys, on twitter, facebook and the firm’s website.