Last week the Government announced that it would no longer defend the Defense of Marriage Act. This announcement has many potential implications for same sex couples. One potential implication is how, or when, the USCIS will begin recognizing same sex marriages when it comes to providing immigration benefits. As of right now, the USCIS does not recognize same sex marriages – even when a couple is legally married in their place of residence.
With the government’s announcement, it is possible that USCIS will soon recognize same sex marriages – however, the process before this begins to happen will probably take time. With the government’s announcement, I am reminded of a public appearance that the USCIS Director made last year in New York City. During the appearance, the Director said that it seemed appropriate for the USCIS to be consistent with other federal agencies. I think the government’s announcement could shift federal agencies to begin recognizing same sex marriages. The question is whether USCIS will follow.