Defense of Marriage Act (DOMA)

Under what circumstances might the USCIS waive the interview requirement?

If you have recently married a U.S. citizen, you have the ability to seek a green card through marriage.  Green cards through marriage are one of the most common ways to become a permanent U.S. resident.  With a marriage based green card, you can live and work anywhere in the U.S. and you will have permanent resident status, with which you could further apply for citizenship after three years.  Traditionally, immigrants pursing a green card through marriage were forced to endure an interview to determine whether the marriage was valid. The interview process could be quite stressful. Now, the USCIS has announced that it may waive the interview requirement under certain circumstances.

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The Supreme Court struck down a key part of the Federal Defense of Marriage Act (DOMA) last Wednesday and declared that same-sex couples, who are legally married deserve equal rights to the benefits under federal law that go to all other married couples.

The decision is a landmark win for the gay rights movement. It voids a section of the law known as DOMA, which was adopted with bipartisan support in Congress in 1996 to deny all benefits and recognition to same-sex couples.
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Statement from Secretary of Homeland Security Janet Napolitano:

"After last week's decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."
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