The Supreme Court's decision in United States v. Windsor1 recently held the Defense of Marriage Act's (DOMA) provisions defining marriage as between a man and a woman to be unconstitutional under the Fifth Amendment.2 While this was an enormous step forward for gay and lesbian rights, the recognition of marriage benefits for same-sex couples has special relevance in the immigration context. There are an estimated 24,700 same-sex bi-national couples in the United States, and an estimated 6,200 of these couples are raising more than 11,000 children.3
Under DOMA, same-sex spouses4 of U.S. citizens and lawful permanent residents could not obtain immigration status because their marriage was not considered to be legally valid under U.S. immigration law, despite the marriage being legal in the state or country in which it took place. These couples were forced to choose between separation or staying together and leaving the United States, and oftentimes, spouses of U.S. citizens and permanent residents were deported.
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