Legal Challenge to DOMA provides new opportunities for same sex couples

As reported in the New York Times, the Obama Administration is facing new legal challenges to the Defense of Marriage Act (DOMA) in the Courts. If a constitutional challenge to DOMA is successful, then it is likely that the Federal definition of marriage as being between  a man and a woman would not be upheld for persons with same sex marriages seeking immigration benefits. Several Bills have been introduced in the Congress to qualify same sex relationships for immigration benefits but these have been stalled along with other Immigration Reform proposals. The legal challenges may provide new opportunities for same sex couples to seen immigration status through adjustment of status either through a family based petition or as a defense in removal proceedings for example in Asylum or as a qualifying relative for Cancellation of Removal. For more information and a free consultation please contact