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Supreme Court Invalidation of the Defense of Marriage Act (DOMA) Has Immigration Consequences

    Client Alerts
  • June 28, 2013

The U.S. Supreme Court struck down the Defense of Marriage Act (DOMA) in a 5-4 vote. Effectively, the Federal Government is prohibited from denying benefits to same sex couples who are lawfully married, including immigration benefits. The impact of the decision is expected to allow married same sex partners to qualify for immigrant visas (green cards), derivative temporary status if accompanying a spouse who has a lawful temporary visa, and other immigration related benefits. The administration is expected to issue guidance shortly to all branches to implement the decision.