ZELENIAK
26 I. & N. Dec. 158 (2013)
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Rule of Law:
Following the Supreme Court's decision in United States v. Windsor, which held Section 3 of the Defense of Marriage Act (DOMA) unconstitutional, a same-sex marriage that is legally valid under the laws of the state where it was celebrated must be recognized for purposes of the Immigration and Nationality Act.
Facts:
- Serge V. Polajenko is a United States citizen.
- Oleg B. Zeleniak is a foreign national.
- Polajenko and Zeleniak, both being male, were legally married in Vermont on February 24, 2010.
- Their marriage was valid under the laws of Vermont, which had legalized same-sex marriage.
Procedural Posture:
- Petitioner Serge V. Polajenko filed a Form I-130, Petition for Alien Relative, on behalf of his spouse, Oleg B. Zeleniak.
- The National Benefits Center Director denied the petition on July 27, 2010.
- Polajenko appealed the denial to the Board of Immigration Appeals (BIA).
- The BIA remanded the case to the Director on April 18, 2012, for further consideration.
- On June 19, 2012, the Director again denied the petition, concluding that while the marriage was valid under Vermont law, the federal Defense of Marriage Act (DOMA) barred its recognition for immigration purposes.
- Polajenko filed a second appeal with the BIA.
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Issue:
Does Section 3 of the Defense of Marriage Act (DOMA), which federally defined marriage as a union between one man and one woman, prevent the recognition of a state-sanctioned same-sex marriage for the purpose of a spousal visa petition under the Immigration and Nationality Act?
Opinions:
Majority - Neal, Chairman
No. Section 3 of the Defense of Marriage Act (DOMA) no longer prevents the recognition of a state-sanctioned same-sex marriage for the purpose of a spousal visa petition. The U.S. Supreme Court's decision in United States v. Windsor, issued while this appeal was pending, declared Section 3 of DOMA unconstitutional as a violation of equal protection and due process. This ruling removed DOMA as an impediment to the federal recognition of lawful same-sex marriages. The validity of a marriage for immigration purposes is governed by the law of the place where it was celebrated. Because the Director has already determined the marriage is valid under Vermont law, the only remaining inquiry is whether the marriage is bona fide.
Analysis:
This administrative decision by the Board of Immigration Appeals (BIA) represents the direct and immediate application of the Supreme Court's landmark ruling in United States v. Windsor to federal immigration law. It formally dismantled the legal barrier that had prevented U.S. citizens and lawful permanent residents from sponsoring their same-sex spouses for immigration benefits. The decision solidifies the 'place-of-celebration' rule as the standard for determining marital validity, regardless of the gender of the spouses. This ruling effectively equalized the immigration rights of same-sex binational couples with those of opposite-sex couples, opening a pathway to residency for thousands who were previously barred.
