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Statement from Secretary of Homeland Security Janet Napolitano, July 1, 2013: “After the June 2013 Supreme Court decision holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed USCIS to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.” USCIS Same-Sex Marriage FAQ Update of August 7, 2013, is below. more »
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 »
On August 17, 2011, USCIS issued a Policy Memorandum regarding B-2 Visa Status changes and extensions for cohabitating partners, including same-sex partners and same-sex spouses, and other nonimmigrant household members. more »
On January 04, 2010, the HIV Travel Ban prohibiting HIV positive individuals from visiting, working or living in the United States finally ended. more »