Same-Sex Spouse Can Get Green Card

The desire of many foreigners to live in the United States and obtain permanent residence is reflected in popular culture, including that staple of romantic comedies, the “green card” interview. We are all familiar with scenes featuring the nervous spouses bickering over where they met, he sweating in a business suit, she crossing and uncrossing skirt-clad legs. Well, Hollywood may want to remake that movie soon, featuring two actresses in the =leading roles.

For decades, immigration lawyers have helped foreign-born spouses obtain legal permanent residence in the U.S. However, if the spouses were of the same sex, this option was not available, even if a couple had been in a committed relationship for 20 years. The Defense of Marriage Act, or DOMA, prevented married gay and lesbian couples from obtaining green cards by defining marriage as a union between one man and one woman. Most same-sex “binational” couples had to make the difficult decision to live apart, relocate to another country or live with the threat of enforced removal of the foreign spouse.