US Immigration Confirms Suspension of Married Binational Deportations

Excellent news on the LGBT Immigration front! Chris Geidner at Metro Weekly has been able to get a spokesperson from U.S. Citizenship and Immigration Services to confirm that USCIS has suspended action on deportation cases involving same-sex married binational couples who would have a legitimate petition for permanent residence if the Defense of Marriage Act were not in effect.

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.

This is pretty amazing news!