December 17th, 2011
02:10 PM ET

Update: Married woman in same-sex couple faces deportation to Japan

When CNN met Frances Herbert and Takako Ueda this summer, they were newlyweds - legally married in Vermont - but worried that Ueda would be required to return to her native Japan.

The Defense of Marriage Act prevents the federal government from giving them any benefits, so Herbert can't sponsor Ueda for a green card.

Just this month, the government denied Ueda's application to remain in the United States.

The government sent a letter denying their application and stating that Ueda is "required to depart the United States within 30 days from the date of this decision."

"We know that, ultimately, this wrong will be corrected, and we are committed to working for ourselves, and other families, until it is," said Herbert and Ueda, who first met in 1980. "All any of us want is the ability to protect our families and the freedom to live our lives with the loved ones we choose."

New York immigrant same-sex married couple won't be deported

The organization representing them, Immigration Equality, plans to appeal the administration’s denial of their application, and will continue to work with their Congressional representatives to stop Ueda's deportation.

Although a Senate panel passed a vote to repeal the Defense of Marriage Act last month, it was considered a symbolic vote - there was no chance for the repeal to pass a Republican-led House.

“There has been no change in policy with regards to deportation cases affected by the Defense of Marriage Act," U.S. Immigration and Customs Enforcement spokesperson Gillian Christensen said. "Pursuant to the Attorney General’s guidance, the Defense of Marriage Act remains in effect and the Executive Branch, including DHS, will continue to enforce it unless and until Congress repeals it or there a final judicial determination that it is unconstitutional."

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