Under current law, the U.S. Citizenship and Immigration Services does not recognize same-sex marriages. Historically, the law required the immigration service to recognize a marriage considered valid in any U.S. state. However, the USCIS position now is that a federal law, the Defense of Marriage Act, prohibits a U.S. citizen or permanent resident from petitioning for a same-sex spouse. That's true even if a state or foreign country recognizes the marriage. DOMA defines marriage as a union between a man and a woman for federal law purposes. Congress passed DOMA, and President Bill Clinton signed the legislation in anticipation that states would recognize same-sex marriages. Further, U.S. courts have found that when Congress used the term "spouse" in the Immigration and Nationality Act, it intended to exclude marriages between people of the same sex. Now that several states recognize these marriages, Congress is considering lifting the ban on same-sex marriage sponsorship. While Leahy is holding hearings on his bill, most commentators believe that Congress is unlikely to seriously consider the legislation until it begins the debate on comprehensive immigration reform.

IT'S COMPLICATED, BUT HE CAN INTERVIEW HERE

Q. My uncle's wife was petitioned for by her U.S.-citizen sister on April 21, 2001. Later, my uncle's employer petitioned for him. The employer began the case June 1, 2004. Can my uncle interview for permanent residence here? — Martha Lorena Ortiz, Newark, N.J.

A. If your uncle's wife was in the United States on Dec. 21, 2000, he can interview here, the process called adjustment of status. Under what is known as the 245i grandfather clause, if a family- or employment-based case was filed for an individual by April 30, 2001, that person, and that person's spouse and unmarried children under 21, have the right to adjust status. That's true even if the primary beneficiary (here, your uncle's wife) or a derivative beneficiary (your uncle) qualifies under a different immigrant category. A condition is that the primary beneficiary was in the United States on Dec. 21, 2000. For cases begun on or before Jan. 14, 1998, the primary beneficiary need not meet any physical-presence requirement.

COLLEGE OPPORTUNITIES FOR UNDOCUMENTED STUDENTS

Q. I'm undocumented. What chances do I have to attend college? I have lived in the United States since I was 1. I turned 19 in January. I consider myself an American. — Stephanie, Warminster, Pa.

A. Being here undocumented shouldn't deter you from your dreams of attending college. Some of our country's most outstanding students are here without legal status. In fact, most colleges, including some of our country's most prestigious universities, admit undocumented students. Unfortunately, as an undocumented student, you are not eligible for federal- or state-funded financial aid. However, many colleges have "merit" scholarships for the most outstanding students, which are available to out-of-status students. To learn more about scholarship opportunities, start by contacting the colleges you want to attend. You also should check the list of scholarships for undocumented students provided by the Mexican American Legal Defense and Educational Fund, maldef.org/pdf/Scholarships.pdf. An applicant need not be Mexican-American to qualify for these scholarships. Another good source for financial-aid information, including for undocumented students, is the FinAid Web site, www.finaid.org.