Last week, the non-profit Immigration Equality reported that  the Department of Homeland Security will issue written guidelines that will, for the first time, expressly recognize officers and field agents to recognize LGBT families when considering certain forms of relief.

The directive essentially applies to requests for prosecutorial discretion for those in Immigration Court or otherwise under jurisdiction of Immigration and Customs Enforcement (ICE). This directive does NOT affect the Defense of Marriage Act, which remains the law.  So this directive does NOT mean that foreign nationals with same-sex spouses can now apply for and be granted legal permanent residence (also known as a “green card”).

If you want to know how this directive might or might not help you, you must speak with a qualified immigration attorney BEFORE making any requests for assistance or status with the Department of Homeland Security since there is always a risk of deportation.