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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.