Same-Sex Marriage Adjustment of Status to Green Card

The following article is an excerpt from a question and answer meeting between United States Citizenship and Immigration Services (USCIS) and the American Immigration Lawyers Association (AILA). The questions (Q) are asked by AILA and the answers (A) are provided by USCIS.

Q: Please confirm that all USCIS Field Offices have now been trained on same-sex marriage adjudications and whether the training has been incorporated into the regular officer training module. Will the training materials be made public? If so, when?

A: All USCIS field officers have received same-sex marriage training. This training is also being provided to new officers at Basic Training. USCIS does not ave any plans at this time to release this training publicly.

Q: The deadline to request reopening of a same-sex marriage application that was denied prior to the Supreme Court decision in Windsor was March 31, 2014. Please provide an update on how many cases have been reopened based on applicants proactively coming forward through USCIS-626@uscis.dhs.gov.

A: USCIS received inquiries regarding 63 unique cases in the USCIS-626@uscis.dhs.gov email box. The majority of those cases had already been identified by USCIS as needing to be reopened. In fact, there were only 25 cases that USCIS became aware of through the USCIS-626 email box. USCIS has reopened a total of 154 cases that were previously denied under Section 3 of the Defense of Marriage Act (DOMA).

Q: Following the Windsor decision, USCIS announced that cases denied after February 23, 2011, but prior to Windsor, had been flagged for review. Please provide an update on the status of these cases and whether any of these cases remain pending.

A: USCIS had flagged a total of 129 cases for review. This, in combination with the 25 above cited cases, resulted in 154 cases being reopened. All but 8 of these cases have currently been adjudicated.

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