GAY MARRIAGES GET RECOGNITION: CIS OFFICES ACCEPT SAME SEX MARRIAGE GREEN CARD PETITIONS - Whoever said that hell would not freeze over?
There is a great deal of hype on the web that seems to have its genesis in a report by Newsweek. The issue of "gay rights" continues to percolate on Capitol Hill and beyond. The good news is that there may be some ripple effect from the Obama Administration's decision not to defend the Defense
of Marriage Act (Pub.L. 104-199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C) ("DOMA"). It appears to be the case that we are going to see DOMA being struck down.
In the interim, two CIS offices (Washington, DC and the Baltimore, Maryland, District Offices), have announced that they will not deny I-485, Adjustment of Status Applications. Rather, they have decided to put them on "hold" pending the decision by the Courts. They appear to be destined for the U.S. Supreme Court.
It appears to be the case that legally married same sex couples -either married in the U.S. (in States that permit same sex marriages) or in a foreign country that recognizes same sex marriages, will be able to file an I-485 Adjustment of Status Application with a simultaneously filed I-130 Petition for a Foreign National Spouse.
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