On September 28, 2012, the Department of Homeland Security (DHS) issued a letter stating that it would issue new guidance indicating that bi-national, same-sex partners will be explicitly included in the definition of ‘family relationships’  that will be considered under prosecutorial discretion decisions by Immigration and Customs Enforcement (ICE).

This attached memorandum, issued on October 5, clarifies that bi-national, same-sex partners will be considered for prosecutorial discretion, stating that:

Same-sex relationships that rise to the level of “family relationships” are long-term, same-sex relationships in which the individuals -
• are each other’s sole domestic partner and intend to remain so indefinitely;
• are not in a marital or other domestic relationship with anyone else; and
• typically maintain a common residence and share financial obligations and assets.

Congratulations to Immigration Equality, and all same-sex bi-national couples who have worked hard to make this a reality.