USCIS to Reconsider Green Card Applications for Gay Couples

USCIS is starting to review gay marriage green card applications denied in the past.

Last week, USCIS issued new guidelines explaining that the agency would make an effort to review all green applications filed after Feb. 23, 2011 and denied due to Section 3 of The Defense of Marriage Act, DOMA.

Section 3 of DOMA denied federal benefits to legally married gay couples in the U.S. This made it impossible for legally married bi-national gay couples to seek immigration benefits. Last month, the Supreme Court ruled Section 3 was unconstitutional.

Anyone who has had a denial based on DOMA’s section 3 should send an email to If the application was denied prior to Feb. 23, 2011, applicants may also request a review.

Apply for a Gay Marriage Green Card

Gay and lesbian U.S. citizens and permanent residents are now eligible to file a green card applications on behalf of a foreign same-sex spouse. You may apply for a same-sex marriage green card today!

The application process will be the same as it is for all couples:

You, as the U.S. citizen or permanent resident, must file Form I-130, Petition for Alien Relative, on your spouse’s behalf.

If your spouse is currently inside the U.S. and has lawful status, he or she may file Form I-485, Application for Adjustment of Status, concurrently. This means that Form I-130 and Form I-485 may be submitted to the USCIS at the same time.

If the spouse is currently outside the U.S., he or she will receive a notice for a visa interview at a U.S. consulate upon approval of Form I-130. After the interview, your spouse will be able to travel to the U.S. and receive his or her green card within 30 days.