UPDATE: Unfortunately, the USCIS has played a cruel, unintended trick on same-sex couples. It has announced that it will continue denying same-sex marriage immigration petitions – as it will continue to enforce the Defense of Marriage Act. Now, advocates must wait for the USCIS to determine how to handle President Obama’s decision to no longer enforce the act. Until then, the status quo of denial will continue.
The immigration agency has made it official – kind of. The New York City Immigration office – along with all other immigration offices – has stopped denying same-sex marriage immigration petitions. A USCIS representative has announced that the immigration agency’s national office has instructed all field offices to hold same-sex immigration petitions in abeyance until certain legal issues surrounding DOMA (Defense of Marriage Act) are resolved. Previously, the immigration agency’s policy was to deny all such petitions.
The change in policy does not mean that same-sex immigration petitions are being approved – at least not yet. Nevertheless, filing a petition for a same-sex partner may offer many advantages, including the ability to obtain employment authorization and advance parole (travel ability) while the petition is pending.
If you are thinking of applying, please contact an immigration lawyer to weigh the advantages and disadvantages of filing a same-sex marriage immigration petition right now. The policy is still fluid and it may be best to wait.