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Advocacy Groups Ask White House to Postpone Decisions Affecting Same-Sex Spouses' Immigration Status

According to The New York Times, over 50 gay rights and immigrant advocacy groups have written a letter to the White House asking President Obama to delay the adjudication of derivative lawful permanent residency petitions that would benefit the foreign same-sex spouses of U.S. citizens.

In their December 10th request, the groups are seeking a postponement of USCIS decisions until the Supreme Court issues a ruling on same-sex marriage in one of the two such cases it has recently agreed to hear next year. According to the Defense of Marriage Act (DOMA), same-sex marriages do not bestow federal benefits, including those related to immigration. As a result, the USCIS has, to date, denied petitions that would grant legal permanent resident status to the same-sex immigrant spouses of U.S. citizens despite a January 2011 declaration that the U.S. Department of Justice would no longer enforce DOMA in the courts.

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About this Author

Nataliya Binshteyn Dominguez, global Immigration Attorney, Greenberg Traurig, employment-based immigrant counsel, compliance audit lawyer, corporate restructuring law

Nataliya Binshteyn Dominguez focuses her practice on global business immigration matters. She advises corporate and individual clients in a variety of employment-based immigrant and non-immigrant cases. She advises corporations on Form I-9 and E-Verify employment verification matters, including compliance audits, due diligence for corporate restructuring, and immigration-related defense in connection with worksite enforcement investigations. Nataliya also conducts Form I-9 and E-Verify trainings and frequently authors articles regarding immigration compliance issues. She...