Administration Set to Review Green Card Denial Cases Based on DOMA

U.S. Citizenship and Immigration Services along with the Department of Homeland Security are set to open an investigation into gay marriage immigration cases that were denied green cards due to the Defense of Marriage Act. According to The DOMA Project, same-sex marriage-based petitions filed in July 2010 and later will be reversed.

“USCIS will reopen those petitions or applications that were denied solely because of DOMA section 3,” USCIS said in a statement announcing the reversal. “If such a case is known to us or brought to our attention, USCIS will reconsider its prior decision, as well as reopen associated applications to the extent they were also denied as a result of the denial of the Form I-130 (such as concurrently filed Forms I-485).”

The Department of Homeland Security is set to review green card denial cases for same-sex marriages that were filed after February 2011, according to Think Progress. According to the restrictions in the Defense of Marriage Act, same-sex couples could not be green card spouses under the law.

The source said DHS chose February 2011 because that was when the Obama administration stopped defending DOMA. The petitions will be reviewed following the new guidelines issued on July 26.