There have been quite a few changes recently that have a positive impact on the immigration consequences for same-sex couples.
A couple of years ago, the Defense of Marriage Act (“DOMA”) was passed by Congress, but more recently the Obama Administration and the Courts have undermined many of its principles. Unlike some States, the Federal Government still does not recognize same sex marriage and so it is not possible for a foreigner to immigrate to the U.S. based on a same sex marriage. However, there is now a Presidential policy to make deportation of same-sex couples not a priority. As a result, foreign same-sex should not normally be put into deportation proceedings. In addition, DOMA principles are coming under challenge in the Courts on Equal Protection grounds.