Gay and lesbian American citizens are excluded from the family-based immigration laws, even when they are legally married. While opposite-sex binational couples routinely marry and obtain permanent resident status for the foreign spouse, this is impossible for gay and lesbian couples. As a result, more than 36000 same-sex binational couples are unable to live together in the United States.

Recently, Obama announced that he will no longer defend DOMA in the courts. In light of this, Immigration Equality, an organization that advocates for the rights of LGBT immigrants, has decided to file a historic legal challenge to U.S. immigration laws that keep same-sex bi-national couples apart. Representatives Jerrod Nadler and Zoe Lofgren spoke out against the deportations of couples under DOMA, marking the first time that members of Congress have requested DHS cease these deportations. More Congressional members are expected to speak out in the near future, putting more pressure on DHS to grant temporary reprieve for all same-sex couples, not just the ones who live in states recognizing same-sex marriage.

Ask USCIS to not deny the marriage petitions of same-sex bi-national couples till a final ruling on DOMA.