In amazing news, the Board of Immigration Appeals (BIA) sent the cases of 4 same-sex married couples back down to the agency and ordered that US Citizenship and Immigration Services (USCIS) make a thorough inquiry into the legality of the marriages for the purpose of obtaining legal permanent residence. This is an amazing break through, especially since the BIA ordered USCIS to look at whether they are valid marriages, notwithstanding the Defense of Marriage Act (DOMA).  You can read more about the cases here.

Please keep in mind that the legality of same-sex marriages is far from settled. The fact that the BIA sent these cases back down does NOT guarantee that these couples or other couples like them will actually receive legal permanent residence.  Although DOMA is being challenged and increasingly found unconstitutional by courts all over the country, it is still the law.

If you have any questions about your specific situation, you must consult with a competent immigration attorney familiar with these issues before filing any papers. There is always a risk of deportation from the United States when you ask for something from USCIS.

Hats off to my colleagues Lavi Soloway and Noemi Masliah, who are handling the cases!