Can I sponsor my same-sex spouse for a "green card"? No, not yet! Gay and lesbian American citizens are excluded from the family-based immigration laws, even when they are legally married because of the Defense of Marriage Act. While opposite-sex binational couples marry and obtain permanent resident status for the foreign spouse, this is impossible for gay and lesbian couples.
Our campaign seeks to end this discrimination by fighting for repeal and defeat of the Defense of Marriage Act (DOMA). Our campaign actively supports the work of the Obama administration, the Congress and the Federal Courts as each branch of government is currently playing an important role in defeating DOMA. Every binational couple impacted by immigration discrimination can help us achieve this goal as quickly as possible. This is not a time for any of us to sit on the sidelines as spectators. We urge binational couples to contact us and get involved today. Learn what you can do to make complete equality a reality for all same-sex binational couples in the very near future.
WE ARE WORKING WITH A GROUP OF MARRIED BINATIONAL COUPLES TO CONTINUE TO CHALLENGE DOMA IN THE COURT OF PUBLIC OPINION AND TO SUPPORT EFFORTS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES TO REPEAL DOMA.
IN SOME CAREFULLY SELECTED CASES WE HAVE FILED I-130 PETITIONS FOR MARRIED LESBIAN OR GAY BINATIONAL COUPLES TO CHALLENGE DOMA IN IMMIGRATION COURT. TO LEARN MORE ABOUT OUR DOMA PROJECT CONTACT US here. ALL COMMUNICATIONS WITH THE DOMA PROJECT ARE CONFIDENTIAL.
With the exception of our DOMA Project participants, we do not encourage any married same-sex couple to file an I-130 Petition for Alien Relative as such a petition will be denied and the mere filing of the petition may have significant negative consequences on the foreign spouse's future eligibility for various non-immigrant visas, or could result in an individual being placed into deportation proceedings. Any binational couples considering marriage should consult a qualified attorney specializing in LGBT immigration law to discuss the potential consequences to eligibility for non-immigrant visas.