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Defense of Marriage Act

The Supreme Court, in its decision in United States v. Windsor, invalidated Section 3 of the Defense of Marriage Act (DOMA). That section of DOMA, which defined "marriage" as a union between a man and woman, had prevented partners in a same-sex marriage from petitioning the Federal government for immigration benefits. Following the Supreme Court's decision in U.S. v. Windsor, same-sex partners are now able to file immigration petitions in the same way as opposite-sex couples.

The invalidation of DOMA affects many aspects of U.S. immigration law. Now same-sex couples can now petition for themselves to be beneficiaries of the violence against women act. This new legislation will also affect fiancé petitions, nonimmigrant waivers, immigrant waivers, cancellation of removal, asylee petitions, consular processing, prosecutorial discretion, stepchild petitions and other immigration petitions.

A statement from the Secretary of Homeland Security Janet Napolitano reads, "After last week's decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act is not constitutional, the president ordered federal departments to make sure they revisit immigration visa petitions filed by same sex spouses. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."

Please contact O'Neil & Hauser P.C. to discuss the immigration options now available to couples who had been previously barred by DOMA.

Client Reviews
Lesley did a wonderful job for us. Her attention to detail and thoroughness paved the way for a successful outcome of our case. We are very pleased with her staff as well and I would definitely recommend her. Ryan Currin
Estoy bien contento con mi abogada. Porque tienen experiencia, responsabilidad y profecionalismo. Y les doy gracias por haverme alludado en mis asuntos legales, se los recomiendo que ellos te alludaran sin ningun problema. Sin dudarlo ve y compruebalo tu mismo. Ya se los e recomendado a mis amigos. Gracias a la abogada Lesley y a todo su personal por haver hecho mis sueños realidad. Luis
I've been with lesly houser since 2001, she managed my immagration status for me and my family and also some friends i recomended to go to her. I definitely recommend her for any immagration case. Daniel