SUPREME COURT OVERTURNS DOMA: HOW THE DECISION WILL AFFECT IMMIGRATION BENEFITS TO SAME-SEX COUPLES

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On June 26, 2013, the U.S. Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. Section 3 previously limited the federal definition of marriage to be a legal union between a man and a woman. As a result, legally married same-sex couples will soon be eligible to apply for the same Federal benefits that have been available to opposite-sex married couples, including immigration benefits. While the ruling removes a barrier to immigration benefits for same-sex couples, only those same-sex couples whose marriage is legally recognized by the state of celebration will be eligible for these benefits.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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