On July 2, 2013, DHS issued initial guidance regarding same-sex immigration benefits following United States v. Windsor. This case overturned Section 3 the Defense of Marriage Act (DOMA) on June 26, 2013. more »

Same-sex couples are now eligible for marriage-based green cards and dependent visas on the same basis as opposite-sex couples. On June 26, 2013, in United States v. Windsor, the US Supreme Court struck down Section 3 of the 1996 Defense of Marriage Act (DOMA). This prohibited the government from providing federal benefits to same-sex couples. Since US immigration law is federal (national), prior to Windsor, DOMA prevented same-sex couples from receiving marriage-based US immigration benefits. more »