Glenside Woman Can Go Home Again After DOMA Decision

Joy Ciocca carefully monitored the SCOTUSblog website Wednesday morning from her desk at Tri-Ark Industries in Warminster.

With her wife, Karen Donovan, eagerly waiting on the phone from their home in Glenside, an enormous weight lifted off their shoulders when the news broke of the Supreme Court's ruling that the Defense of Marriage Act is unconstitutional.

"At first, we couldn't believe it," said Ciocca. "Then we started crying together. We are so relieved that we will be able to get on with our lives."

For the past nine years, Ciocca and Donovan had been trapped in the limbo that is the United States Immigration system. Originally from Ireland, Donovan had been working tirelessly through the paperwork and legal fees to receive a permanent residence in the United States.

The uncertainty of her status prevented Donovan from visiting her homeland for seven years. The couple had missed overseas weddings and birthdays, and Donovan was unable to visit when her mother had become ill.

"We were afraid to leave the country because she might not be able to get back in," said Ciocca. "We didn't want to take the chance of meeting a customs agent who arbitrarily did not want to accept her student visa."

By ruling DOMA unconstitutional, same-sex married couples may soon receive federal benefits that had been previously unavailable. One of those benefits is the ability for bi-national couples to receive spousal visas from the U.S. Citizenship and Immigration Services.

"This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits," Department of Homeland Security Secretary Janet Napolitano said in a statement. "Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws."

Donovan and Ciocca legally married each other in a ceremony on Kent, Conn., in June 2011, but they live in Pennsylvania, where same-sex marriage has not been legalized. However, the USCIS is one of the federal departments that recognize marriage based on the place of celebration.

Other federal agencies, such as the Internal Revenue Service, rely on the place of residence standard. Same sex marriage has to be recognized in the state the couple lives in order to receive benefits from that department.

"They have been waiting a long time for a solution," said Brian Munroe, a Warminster resident and candidate for a seat on the township's board of supervisors in this year's general election. Ciocca is the aunt of Munroe's wife. "Karen has done all the right things to stay in this country legally."

Ciocca met Donovan at age 16 when she traveled to Ireland to study abroad. Her host family introduced the two, and they immediately felt a connection. They were only together for three weeks, but kept in touch through snail mail. In 2000, their communication became more consistent with the help of e-mail and the Internet.

The pair reconnected in 2001 when Ciocca returned to Ireland for vacation, and Donovan followed her home, right after the Sept. 11 attacks. Ciocca decided life was too short and wanted to fully commit to the relationship by moving to Ireland in 2002. Job opportunities were scarce, however, and money was running out. In 2003, Ciocca could not pass up a job offer in the United States and moved back. Donovan came with her and began the nearly 10-year struggle over her visa.

"She came over with the visa waiver, then received a student visa when she went to school for veterinary technology," said Ciocca. "It's been a six-year process to get the permanent work visa. Her priority date is February 2009, and the last we checked they are still processing applications from May 2005."

The couple had traveled to Ireland a few times in the first two years, and each time Donovan would receive extra scrutiny. Ciocca would go through customs in the citizen line, while Donovan would be taken separately to a private room where agents questioned her. Following an unpleasant experience at the Canadian border after a trip to Alaska in 2006, an immigration lawyer advised the couple to refrain from leaving the country until a permanent visa had been granted.

"Your not supposed to show an intention to live in the United States on a long-term basis with a student visa," said Ciocca. "We had to be careful not to tell immigration about our relationship, or Karen's visa might be revoked."

The uncertainty cast a shadow on the couple's day-to-day life as they feared making even the simplest decisions.

"We would debate buying a new refrigerator," said Ciocca. "We thought, 'We might not be here, do we want to make such a big purchase?' Our life will no longer be in limbo, and it's a wonderful thing."