Immigration No Longer Automatically Denying Same-Sex Couple Green Cards


Last week i told you about the New York immigration judge who stopped the deportation of a same-sex spouse while the courts hammer out the constitutionality of the Defense of Marriage Act. Today, we have word that the Obama administration will no longer automatically deny immigration petitions submitted by same-sex couples.

The Defense of Marriage Act bars immigration benefits for same-sex spouses applying for one another. Although their marriages are legally binding in the states where they were entered into, and in other states as well, these marriages could not form the basis for a “green card”. Until last week, these petitions were automatically denied. Now, the Obama administration has stopped automatic denials and will put the cases on hold until the courts finally rule on the constitutionality of the law.

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Patrick Young blogs daily for Long Island Wins. He is the Downstate Advocacy Director of the New York Immigration Coalition and Special Professor of Immigration Law at Hofstra School of Law. He served as the Director of Legal Services and Program at Central American Refugee Center (CARECEN) for three decades before retiring in 2019. Pat is also a student of immigration history and the author of The Immigrants' Civil War.

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