Immigration Appeals Board Decision Offers Hope for Binational Gay Couples

The Immigration Board of Appeals recently refused to to affirm the previous denial of green cards to four same sex, binational couples. Under current immigration law, legally married heterosexual couples can apply for a green card for the foreign spouse. Not so with gay couples. Because of the Defense of Marriage Act (DOMA), legally married same sex couples have no federal recognition, and therefore green card applications are always denied. Until now.

The Board’s has ordered U.S. Citizenship and Immigration Services “to determine whether the marriages are legally valid and whether, notwithstanding DOMA Section 3, the spouse would qualify for a green card under the Immigration & Nationality Act,” for four same sex couples. This is the first time the Board has taken such action.

As half of such a couple – I welcome the news! One step closer to some assurance of us being able to stay in this country – equality seems to be closer each day!

Read the entire article from The Advocate here.