Over the weekend I noted that it appeared that at least some immigration office districts were placing all deportation cases involving legally married same sex couples one of whom is a foreign national on hold. Now, MetroWeekly has confirmed that the hold status applies nationwide. Obviously, since I believe that DOMA is unconstitutional, I hope the end of deportations becomes permanent and that legally married same sex spouses are granted the same immigration rights as foreign spouses in heterosexual marriages. No more special privileges for straight couples based on their conformity with Christianist religious doctrine. Here are some article highlights:*
Following up on reports from this weekend, Metro Weekly just received confirmation from Christopher Bentley, the spokesman for the U.S. Citizenship and Immigration Services, that cases of foreign partners who are married to a same-sex partner and would otherwise be eligible for a green card are on hold in light of questions about the continued validity of the Defense of Marriage Act.
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Bentley writes, "USCIS has issued guidance to the field asking that related cases be held in abeyance while awaiting final guidance related to distinct legal issues."
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The legal distinction means that although DOMA is still being enforced, the USCIS is using its discretion to hold off on denying green card applications where applicable.
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Now, it appears, the USCIS has reached a similar decision about its response to the administration's Feb. 23 announcement that it no longer will defend Section 3 of DOMA in court. Were it not for Section 3 of DOMA, Soloway argues, a U.S. citizen who is half of a same-sex bi-national married couple would be able to sponsor his or her non-citizen spouse for the purpose of obtaining a green card.
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