On June 26, 2013, the U.S. Supreme Court in United States v. Windsor struck down §3 of the Defense of Marriage Act (DOMA) as unconstitutional, making way for same-sex married couples to receive benefits under federal law.
Two days later, the first gay married couple received notice that their marriage-based green card case had been approved, demonstrating that the Obama administration would not delay in its implementation of this game-changing decision. Celebrated as a win for equality, the DOMA decision is also an immigration milestone for bi-national couples in the United States. Interestingly, while the decision highlights the obstacles same sex couples face when one spouse is a United States citizen and the other is a foreign national, it is not only same sex couples who face impediments when seeking visas to live and work in the United States. The current immigration system even makes it difficult for spouses, children, and household members accompanying their family or partner to the United States.
