The U.S. Department of State (“DOS”) has now issued FAQs for handling of same-sex spouses in both the immigrant (green card) and nonimmigrant (temporary visa) categories, following the Supreme Court’s finding, in Windsor v. United States, that Section 3 of the Defense of Marriage Act is unconstitutional. Effective immediately, DOS will treat same-sex spouses
DOMA
DHS Issues DOMA Guidance
By Hunton Andrews Kurth LLP on
Posted in DHS
Following the recent Supreme Court ruling holding the Defense of Marriage Act (DOMA) unconstitutional, the Department of Homeland Security (DHS) has issued guidance on the filing of same-sex marriage family-based immigrant visa petitions. The guidance instructs the US Citizenship and Immigration Services (USCIS) to “review immigration visa petitions filed on behalf of a same-sex spouse…