Immigration & the Defense of Marriage Act (DOMA)

How does the Supreme Court’s decision on DOMA affect your immigration case?

On June 26, 2013 the United States Supreme Court struck down the federal Defense of Marriage Act (DOMA) which defined marriage as only between one man and one woman. This decision means that individual states have the right to acknowledge same-sex marriages if they so choose. In addition, this decision opens the door for same-sex couples in states where gay and lesbian marriage is recognized to seek immigration rights. At this time, 13 states and the District of Columbia recognize same-sex marriage. These states are:

  • California
  • Connecticut
  • Delaware
  • Iowa
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • New Hampshire
  • New York
  • Rhode Island
  • Vermont
  • Washington

Immigration Lawyer in Boston

Some same-sex couples who do not reside in one of these states may still be eligible to receive the immigration benefits of marriage if they were legally married in a state where same-sex marriage was legally valid. This decision by the Supreme Court has already allowed same-sex couples who are bi-national to obtain residency rights. In fact, the first case of U.S. Citizenship and Immigration Services granting marriage immigration benefits to a same-sex spouse was reported in New York mere minutes after the DOMA decision was announced, and just a few days later a Florida man received a green card based on his same-sex marriage to a U.S. citizen.

Immigration Rights for Same-Sex Couples in New England

Need an attorney for DOMA in Boston? Because same-sex marriage is legal throughout New England, you may be able to acquire immigration benefits if you or your spouse is currently a foreign national married to a U.S. citizen. Foley Law Offices is prepared to help you take advantage of this new opportunity and gain residency rights for yourself or your spouse. Call my firm today to learn how the recent decision on DOMA opens the door for you to earn marriage adjustment of status.