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.
Newsweek is reporting that at least two local immigration offices are now accepting petitions from same-sex couples who have a valid marriage in either a state or country that recognizes same-sex marriages. The two offices are in Baltimore and Washington, DC. Although the two offices are accepting the petitions, they are placing them on hold until the Courts determine whether to allow immigration benefits to same-sex couples. Whether other local offices begin to accept same-sex immigration petitions is yet to be seen.
As a practical matter, applying for immigration benefits offer same sex couples certain advantages – including, the ability to get temporary work authorization and the ability to travel (in certain circumstances). However, couples who are thinking about applying should first consult an immigration lawyer to weigh the pros and cons of such an application.