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Foley Law Files Same Sex Adjustment Case

We have filed our first same-sex adjustment of status marriage case following the groundbreaking decision from the U. S. Supreme Court (United States v. Windsor) that ruled the Defense of Marriage Act (commonly referred to as “DOMA”) was unconstitutional. DOMA had barred same-sex couples from receiving federal benefits including immigration benefits.

The Courts’ decision means spouses of U.S. citizens or Legal Permanent Residents (also known as Green card holders) can now acquire benefits that were previously denied to them because their same-sex marriage was not fully recognized by the federal government.

The U.S. Citizenship and Immigration Service (USCIS) is now reviewing immigration petitions filed on behalf of a same-sex spouse “in the same manner as those filed on behalf of an opposite-sex spouse.”

In my case, the couple met while they were in college. They have been together for over five years and they recently celebrated their second wedding anniversary.

I was pleased to be able to tell them “your case will be handled like any other adjustment case. The fact that you are a same sex couple no longer matters.”