The United States policy regarding same-sex immigration denied couples in same-sex relationships the same rights and privileges afforded different-sex couples based on several court decisions and the Defense of Marriage Act (DOMA) until the U.S. Supreme Court ruled Section 3 of DOMA unconstitutional in United States v. Windsor on June 26, 2013.
A non-citizen in such a marriage could not use it as the basis for obtaining a waiver or relief from removal from the U.S.[7] The United States Citizenship and Immigration Services (USCIS) reaffirmed its policy of denying green card applications in such cases in March 2011.
[14][15] Since the legislation was first introduced, it has been expanded to provide rights to the children or stepchildren of the foreign-born partner, and has been included as Title II of the Reuniting Families Act (H.R.
[16] Advocates for the legislation have identified 22 countries that recognize same-sex couples under their immigration law, including France, Germany, Israel, and the United Kingdom.
[23] In 2005, the precedential ruling in In re Lovo-Lara,[24] BIA established a precedent that invalidated the 2004 policy of rejecting all marriage applications in which one of the partners was transgender.
[27][28][29] On December 11, 2012, more than 50 LGBT advocacy groups and immigration rights groups asked President Obama to put a hold on immigration cases involving Americans seeking legal residency visas for foreign-born spouses of the same sex, pending Supreme Court action in United States v. Windsor, a case which challenges the constitutionality of DOMA section 3.
[30] According to Immigration Equality, an advocacy organization, in 2009 there were roughly 36,000 bi-national same-sex couples unable to secure green cards for one partner.
[34] The Supreme Court's decision in United States v. Windsor on June 26, 2013, ruling Section 3 of DOMA unconstitutional was recognized as ending the disparate treatment of same-sex and different-sex couples in matters of immigration.
"[35] Following the decision, Senator Patrick Leahy announced he no longer saw a need for legislation addressing the needs of same-sex couples under immigration law.
[36] Department of Homeland Security Secretary Janet Napolitano said: "[W]e will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws".
[39] Former U.S. Attorney General Alberto R. Gonzales and David N. Strange, an immigration lawyer, called Napolitano's action "not consistent with the law".