US – Immigration benefits for same-sex married couples following Supreme Court decision.
27 June 2013A landmark decision by the US Supreme Court to strike down part of the Defense of Marriage Act (DOMA) will have a positive impact on immigration benefits for same-sex married couples.
In a statement widely reported in the US Press, Homeland Security Secretary Janet Napolitano said that her department will ensure that all married couples will be treated equally and fairly in the administration of immigration laws. This means that U.S. citizens or permanent residents with foreign spouses will be able to sponsor them for U.S. residency or a Green Card, provided they were married in states that recognize same-sex marriage.
It is not clear what the ruling means for same-sex couples applying for non-immigrant employment visas, where neither partner is a US citizen. Permits Foundation will be monitoring that situation.
The Decision of the Supreme Court, which voted by a 5-4 majority, resulted from a case of a woman who faced an estate tax bill of $363,000 following the death of her spouse. The Court overruled a section of the DOMA that prevented same-sex couples from accessing federal benefits.
Read more:
Washington Wire: Green light for green cards for same sex spouses
The Hill: Napolitano: DHS working to implement DOMA ruling for immigrants
