In a hugely anticipated decision, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA) on June 26, 2013. You can read the decision here.

This now opens the door for same-sex, bi-national couples to petition for legal permanent residence (also known as a green card) for their partner as long as they are otherwise eligible. This may also open up other avenues for relief to individuals in immigration proceedings based on their marriage to a U.S. citizen or legal permanent resident.

It remains important to discuss your particular case with a qualified, friendly immigration lawyer to make sure you understand the risks and benefits, and your general eligibility. There is always a risk of deportation when applying for immigration relief. If your foreign national partner is in immigration proceedings or was in immigration proceedings in the past, you should be sure to talk to an attorney as soon as possible to ensure that you do not lose the ability to act on the elimination of DOMA.

Please call our office at 888-328-8384 to schedule a consultation with our attorney, Angela Bortel, who is the chair of the Minnesota-Dakotas AILA chapter LGBT sub-committee.