Today, the U.S. Attorney-General made a big step towards changing the immigration law of the United States as it regards same sex couples who wish to obtain a Green Card based on their civil union. This comes after the White House earlier stated a major shift in policy regarding the Defense of Marriage Act ("DOMA"), which bars federal recognition of same-sex marriages, an issue I previously blogged about.
Using special authority given to his office by Congress, the AG vacated and remanded the case of Paul Wilson Dorman, a resident of New Jersey, back to the Board of Immigration Appeals ("BIA"), which had previously denied his claim based on DOMA.
The AG ordered the BIA to reconsider the case to determine whether and how the
constitutionality of DOMA is presented in this case, including, but not limited
to:
1) whether respondent’s same-sex partnership or civil union qualifies him
to be considered a “spouse” under New Jersey law;
2) whether, absent the requirements of DOMA, respondent’s same-sex partnership or civil union would qualify him to be considered a “spouse” under the Immigration and
Nationality Act;
The AG's decision is available in its entirety on the official website of the US Department of Justice here.
Stay tuned for developments, and Happy Cinquo de Mayo!
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