There are numerous same-sex couples in New Jersey who are actively watching the Supreme Court and are awaiting a decision one way or the other on whether the federal Defense of Marriage Act is constitutional. For the same-sex couples in New Jersey who have hopped the border and gotten married, a court decision striking down the federal law would mean that their marriages are recognized by the federal government. For binational same-sex couples, however, this is especially important.
Until there is some change in the law, either in immigration law or the federal definition of marriage, same-sex couples of one American and one foreign-born spouse cannot rely on family based immigration to petition for the non-American's permanent residency. And with many of these couples raising children, it is especially important to look for ways to keep these families together.
Many same-sex couples look for alternative ways to achieve permanent residency and citizenship. For some, that means relying on another family member who is already a citizen. For others, it means looking for an employer who is willing to sponsor the non-American. Because these couples need to be very creative with how they gain permanent residency for their partners, it is often important to work with an experienced immigration attorney who can provide a variety of different options on how best to keep families together.
As of yet, it is unclear as to how the Supreme Court is expected to decide on the Defense of Marriage Act, but if it is struck down, Americans in binational same-sex couples should be able to start petitioning for their non-American spouses soon.
Source: NPR, "Same-Sex Couple Seeks Immigration Relief From High Court," Liz Halloran, June 9, 2013
