Board of Immigration Appeals rejects ‘DOMA denials’ for binational same sex couples
The Board of Immigration Appeals has rejected the U.S. Citizenship and Immigration Services’ denial of four green cards for married gay and lesbian binational couples.
The rejection means that the USCIS must complete a full fact-finding investigation to determine whether the foreign spouses qualify for a green card under the Immigration & Nationality Act.
“The BIA is essentially forcing the immigration service to undertake full adjudication and to produce a complete fact-finding for each couple to determine the bona fides of the marriage, rather than simply deny them perfunctorily because they’re gay or lesbian couples,” Lavi Soloway of Stop the Deportations told Metro Weekly. Soloway is the the attorney for all four couples.