Under these rules, immigration first has to determine whether the marriage is a heterosexual or same-sex marriage in the state the couple enjoined the marriage, then the same for the state the couple same sex marriage us immigration in Sunderland in, and finally they have to determine whether the marriage is valid under the DOMA.
Retrieved March 28, Archived from the original on April 1, To that end, effective immediately, I have directed U. Attorney General Alberto R. Their petition was originally rejected by immigration, but in Januaryin a non precedential decision, the Board of Immigration Appeals remanded the case back to USCIS with instructions to apply the rules set forth in In re Lovo-Lara and determine whether the couple had a valid marriage under the laws of the State of Texas.
Once the U. They cited the Windsor decision's own emphasis on same-sex marriages as defined by the states for state purposes, while immigration is an entirely federal matter. Huffington Post. Last updated: 31 October Washington College of Law.
Windsor means that same-sex marriages are treated the same as heterosexual marriages for immigration purposes under U.