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DHS Issues Guidance on Implementation of DOMA Ruling
The Department of Homeland Security issued a memorandum today providing
guidance on the implementation of the Supreme Court's ruling last
week striking down the Defense of Marriage Act as unconstitutional. DHS
confirms that US citizens and legal permanent residents who are legally
married to a foreign national may immediately file a petition for their
same-sex spouse for an immigrant visa. DHS also confirmed that in assessing
the petition, it will generally look to the law of the state where the
marriage took place. Therefore, legally married same-sex couples who currently
reside in a state that does not recognize their marriage may continue
to file the immigrant visa petition for their foreign national spouse.