DOMA & Family Based Immigration

Many people will say what is DOMA-here is the legal description.

Defense of Marriage Act

Defense of marriage amendment.

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Same-sex couple celebrating legal victory at San Francisco Pride 2013

The Defense of Marriage Act (DOMA) (Pub.L. 104–199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C) is a United States federal law that allows states to refuse to recognize same-sex marriages granted under the laws of other states. Until Section 3 of the Act was ruled unconstitutional in 2013, DOMA, in conjunction with other statutes, had barred same-sex married couples from being recognized as “spouses” for purposes of federal laws, effectively barring them from receiving federal marriage benefits. DOMA’s passage did not prevent individual states from recognizing same-sex marriage, but it imposed constraints on the benefits received by all legally married same-sex couples.

Initially introduced in May 1996, DOMA passed both houses of Congress by large, veto-proof majorities and was signed into law by PresidentBill Clinton in September 1996. By defining “spouse” and its related terms to signify a heterosexual couple in a recognized marriage, Section 3 codified non-recognition of same-sex marriages for all federal purposes, including insurance benefits for government employees, social security survivors’ benefits, immigration, bankruptcy, and the filing of joint tax returns, as well as excluding same-sex spouses from the scope of laws protecting families of federal officers (18 U. S. C. §115), laws evaluating financial aid eligibility, and federal ethics laws applicable to opposite-sex spouses.[1]:23–24

On December 7, 2012, the Supreme Court agreed to hear the case. Oral arguments were heard on March 27, 2013.[113] In a 5–4 decision on June 26, 2013, the Court ruled Section 3 of DOMA to be unconstitutional, declaring it “a deprivation of the liberty of the person protected by the Fifth Amendment.”[1]:25

 The U.S. Supreme Court has struck down Section 3 of the Defense of Marriage Act (commonly referred to as “DOMA”), which prevented the federal government from recognizing marriages of same-sex couples, because it violated the constitution’s “equal protection” promise.  

Now that you have a foundation of understanding of the idea of DOMA. The Bottom line is for the very first time in history same sex couples are now being given the same legal rights to petition for their family as everyone else has enjoyed in our countries history. My now legal partner of 25 years are now in a legal relationship. While that may not mean much to others that have always had that right, it means the world to the both of us.

The purpose of the Family based Immigration is to help the customer learn about the benefits available to the family provided to them by the Federal Government.  And in many cases to bring the family back together as a core unit.  To include the Non-Immigrant Visa classification such as the K1 visa and K3 visa (also K2 & K4 visa), The Immigrant Visa such as (IR1 and CR1 visa); Adjustment of Status, Removing Conditions, for a, fiancé, fiancée, parent(s). Of course as you know with the government there are many other related forms that must be completed to reunite a family and all of the different forms will be completed once you begin your journey to bring your family back together.While I’m not an attorney I have gained 30 years of experience from my past work.

Please keep in mind immigration has become more technical than it has ever been in the past.

  • The U.S. immigration system is one of the most confusing in the Federal agencies in the United States government.
  • Immigration has it’s foundation in the Immigration and Nationality Act and then regulated by the Code of Federal Regulations. Bear in mind there are more related inks to immigration that all must be followed or that may have an impact on your case such as the Board of Immigration Appeals.
  • The laws can also be amended to add greater confusion to understanding U.S immigration law and as different politicians come into power they may have an interest in impacting how the current immigration laws are enforced.
  • You may have heard the old saying that there is no dumb question that question could be a reason to bring in an immigration attorney.

Whether you are filing your own case, using an immigration consultant or have hired an immigration attorney, understanding what you are applying for is a key factor to the immigration process. Every case is as individual as the people making the application; it is essential to have an understanding of the immigration process, immigration forms, immigration terminology, and government agencies involved. Having not only an overall understanding of the mechanics of U.S. immigration, but also how your case will be adjudicated is essential to your understanding of the immigration process.

Family Based Immigration is a legal right and with my 30 years of experience I can help you find the correct information from official sources, where you can rest assured that your immigration visa and immigration case will be properly adjudicated. There are extensive links to government websites, organized in such a way to make it easier to put your finger on just the right piece of information you need to understand your visa and immigration options, and your obligations with regard to your immigration case.