According to a memorandum from DHS prosecutorial discretion may apply to "Certain Family Relationships” Gary Mead, October 5, 2012. This memorandum specified that relationships of the same sex rising to the level of a 'family relationship' that are long-term in which the individuals may be considered:
- are the sole domestic partner and intent to remain so indefinitely;
- not in a marital or domestic relationship with someone else, and;
- maintain typically a residence in common sharing financial assets and obligations.