Monday, March 28, 2011
Chris Geidner writes for Metro Weekly:
Following up on reports from this weekend, Metro Weekly just received confirmation from Christopher Bentley, the spokesman for the U.S. Citizenship and Immigration Services, that cases of foreign partners who are married to a same-sex partner and would otherwise be eligible for a green card are on hold in light of questions about the continued validity of the Defense of Marriage Act.
Bentley writes, "USCIS has issued guidance to the field asking that related cases be held in abeyance while awaiting final guidance related to distinct legal issues."
He notes, however, "USCIS has not implemented any change in policy and intends to follow the President's directive to continue enforcing the law."
The legal distinction means that although DOMA is still being enforced, the USCIS is using its discretion to hold off on denying green card applications where applicable.
As Lavi Soloway, a leading attorney pressing these cases told Metro Weekly earlier, "The best thing for the Department of Justice to be doing now is to be holding off on decisions. We're arriving at a new day, and that means a lot of new opportunities." Read more....