Bil Browning

DOMA: Judge Adjourns Deportation Until Spousal Status Decided

Filed By Bil Browning | March 22, 2011 5:00 PM | comments

Filed in: Living, Marriage Equality
Tags: Argentina, DOMA, immigration reform, lesbian couple, spousal status

An Argentinian woman who married her lesbian partner in Connecticut has won a court victory postponing her deportation. The judge ruled that after recent developments surrounding DOMA, the women should submit a form to the government requesting spousal status that would grant her residency. The proceedings were postponed until late this year to give the U.S. Citizenship and Immigration Services time to decide and respond.

Gay City News has the story:Wedding Cake

It what appears to be the first such action of its type, an Immigration Judge in Manhattan has adjourned deportation proceedings for the Argentine lesbian spouse of an American citizen to allow the couple to proceed with their application to have their marriage recognized for purposes of federal immigration law.
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A 2010 US court ruling striking down the Defense of Marriage Act's denial of federal recognition for legal same-sex marriages, they say -- coupled with the Justice Department's recent decision that it could not and would not defend DOMA's constitutionality on that point -- opens up the real possibility that Alcota and Ojeda may be accorded recognition.
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In a March 22 hearing in the US courthouse at 26 Federal Plaza in Lower Manhattan, Immigration Judge Terry A. Bain gave the couple the go-ahead to press their claim with the U.S. Citizenship and Immigration Services (USCIS) -- a unit of the Department of Homeland Security -- through what is known as Form I-130, a petition to have Alcota recognized as "the spouse of USC."


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