“If you are in a bi-national couple that is heterosexual, you get to stay here and work here,” said Richard Socarides, a lawyer who is president of Equality Matters, a gay rights advocacy group. “If you are gay, you get deported.”
In the New York Times you can read that "the immigration's policy is to grant permanent residency green cards to immigrants legally married to American citizens who are gay. While it is routine for American citizens in heterosexual couples to obtain green cards for their foreign spouses, the Defense of Marriage Act has barred such status for immigrants in same-sex marriages."
In February, and Attorney General announced that the administration would no longer defend the Defense of Marriage Act in the courts, although it would continue to enforce the law, which was adopted in 1996, until it is changed by the courts or by Congress.
The position has led to a host of dilemmas for federal agencies that continue to enforce the law.