Less than a month after the U.S. Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) in United States v. Windsor, the Board of Immigration Appeals (BIA) has published a decision recognizing that DOMA can no longer be used to deny immigration petitions for same sex married couples.
The BIA case, Matter of
Zeleniak, which came down on July 17, 2013, states that as long as the
marriage is legal in the place where it was celebrated, it can be the basis for
immigration benefits. Moreover, the decision clearly states that same sex
marriages will be valid in other immigration contexts, including fiancé visas,
immigrant visa petitions, refugee and asylee derivative status, inadmissibility
and waivers of inadmissibility, removability and waivers of removability,
cancellation of removal, and adjustment of status.
Matter of Zeleniak gives
even greater assurance that the immigration agencies will immediately
faithfully implement the Supreme Court’s decision in Windsor.
Same sex married couples can and
should now be applying for and receiving immigration benefits.
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