Immigration & Green Card Law Firm, Lawyers, Attorneys: San Franscisco Bay Area to San Jose: April 2009

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.