Several years ago, the U.S. Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional.
As a result, U.S. government agencies began immediately processing applications for federal benefits based on same-sex marriages in the same manner as those based on opposite-sex marriages.
Equal Treatment for Same-Sex Spouses in Immigration
This policy change means that a same-sex or LGBTQ+ spouse is now eligible for the same immigration benefits—or derivative benefits—as a spouse of the opposite gender. In addition, stepchildren acquired through same-sex marriages may also qualify as beneficiaries or for derivative status.
Validity of the Marriage
For immigration purposes, the key requirement is that the marriage is legally valid in the jurisdiction—either a U.S. state or a foreign country—where it was performed. At present, only relationships legally recognized as “marriages” in the place of celebration are considered valid for federal immigration benefits. Civil unions, domestic partnerships, or other non-marital relationships do not confer spousal status for immigration purposes.
Children and Stepchildren
For most federal benefits involving children or stepchildren, the marriage must have occurred before the child turned 18 in order to establish eligibility.
Reopening of Previously Denied Cases
If a petition or application was previously denied solely due to DOMA-related reasons, the U.S. government will generally reopen those cases. This includes not only the primary application (e.g., a denied Form I-130) but also related applications that were denied as a consequence (e.g., a derivative Form I-485). The government typically takes steps to review and reconsider such prior adverse decisions in light of the updated legal standard.
Last Revised: March 2025.