Same Sex Marriage Obstacle for Waivers
A federal lawsuit has been filed in California seeking resolution to their immigration issues with the hope of ending deportation of same-sex spouses. The case exemplifies the challenges of same-sex couples over the federal Defense of Marriage Act, a 1996 law that prohibits the government recognition of same-sex marriages.
The case concerns a Philippine national who may be eligible for a green card for a green card but needs a waiver. A waiver application must show that a foreign citizen's absence from the country could cause extreme hardship to an American citizen spouse or parent. This is the type of case that might, if not for the same sex marriage, be adjudicated in favor of serving the family unit in keeping members together.