After the Supreme Court's holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. The U.S. Citizenship and Immigration Services (USCIS) must now review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.
In response to the numerous questions arising from the change in policy, USCIS has published additional frequently asked questions based on the Supreme Court’s United States v. Windsor ruling, which invalidated part of the Defense of Marriage Act.
The information is available on the USCIS website on the Same-Sex Marriages web page within the Family section. USCIS has responded by promising to continue updating information regarding same-sex marriage and immigration benefits