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Wednesday, April 8, 2009

GAY MARRIAGE AND IMMIGRATION

GAY MARRIAGE AND IMMIGRATION

With the New U.S. Congress likely review the District of Columbia's recent action to recognize Gay Marriages, it is clear that we may see sooner than later a re-examination of the federally mandated Defense of Marriage Act - which forbids the Federal government from recognizing Gay Marriage.

Up to now, if a U.S. citizen 'partner' wanted to legalize the immigration status of their loved one, or give them 'dependent' status, they could not (as the USCIS did not recognize the relationship for immigration purposes).

Of course, eventually, the issue must come before the Supreme Court since one State generally cannot 'void' another State's laws under the U.S. Constitution. But until that happens nothing is likely to change.

Now this. The Congress will be forced, hopefully, to review the District of Columbia's decision and confront the issue frontally. If so, this may finally open the door to a re-definition of marriage for immigration purposes.

Let's see what happens.

2 comments:

immigration law tips said...

Sir, what is the different between a marriage prohibited and a marriage which is conflict of public policy?

So even in a state which gay marriage is valid, the couple still can not petition for immigration?

Canada Immigration said...

Ultimately, regardless of how the gay marriage issue develops, it is hoped that people will realize that same-sex partners who are committed to and love each other are prevented from doing so only because one partner happens to be from a foreign country. The US must grant equal immigration benefits to same-sex couples as they would to couples of the opposite sexes. Fifteen other countries grant such benefits, and there is no reason for the US not to do so.