March 31, 2014 is the deadline to reopen I-130 visa petitions that were denied by USCIS prior to the US Supreme Court's ruling in the United States v. Windsor case in June 2013. Specifically, the petition must have been denied based on Section 3 of the Defense of Marriage Act (DOMA) that the US Supreme Court held to be unconstitutional. Many of these cases were reopened by USCIS on its own. But, if you haven't heard directly from them already, it is important to make contact with the agency … [Read more...]
Immigration and Firm News
This blog post discusses my personal reflections about the impact of the fall of DOMA on same sex couples from an immigration lawyer's perspective. I have interviewed and represented numerous same sex couples in the first quarter since the U.S. Supreme Court ruled in June 2013 that section 3 of the Defense of Marriage Act (DOMA) impermissibly violated the equal protection clause of the U.S. Constitution. In U.S. v. Windsor, the Court required the federal government to recognize same-sex … [Read more...]
The US State Department has announced the start of registration for the DV-2015 Visa Lottery program. Visas will be available for processing between October 1, 2014 through September 30, 2015. This means that all selected applicants must receive their visas no later than September 30, 2015. This Diversity Visa Lottery allocates up to 50,000 visas to individuals and their dependents from countries with low immigration rates to the US. The registration process will begin October 1, 2013 at noon … [Read more...]
Today, USCIS announced two FAQs on implementation of immigration procedures for same sex marriage couples. The first one is pretty basic in that I130 visa petitions can be filed now for spouses of US citizens and green card holders. The second FAQ is rather wishy washy about cases where couples are lawfully married in a state that authorizes same sex marriages but where the couple lives in a state that does not recognize such marriages. There, USCIS says that petitions can still be filed but … [Read more...]
I'm on my way to the American Immigration Lawyers Association Conference in San Francisco and just read that the US Supreme Court in Hollingsworth v. Perry nixed section 3 of DOMA as well as Prop 8 in the Windsor case (at least as to standing to be in court). I'll be going through the decisions over the next few days. Already, our phones are ringing off the hook with couples who have been waiting for this historic moment for years. More to follow, as I'm sure there will be several gatherings … [Read more...]
At first, it sounds so simple: If the US Supreme Court determines that the Defense of Marriage Act (DOMA) is unconstitutional, then many same-sex spouses expect to file their immigration petitions with USCIS immediately. But, I recommend caution. Getting married does not always solve a foreign national's immigration problems. In addition, the path to status is long and arduous. There is nothing speedy about it. More importantly, there are many issues to consider before rushing to file. The … [Read more...]
During the coming week, we could see two historic events: announcement by the US Supreme Court on the constitutionality of the Defense of Marriage Act (DOMA), and a Senate floor vote on S. 744, the comprehensive immigration reform bill. Both are likely to occur while this Seattle immigration lawyer and thousands of my fellow immigration lawyers from around the country will be convening at the annual American Immigration Lawyers Association (AILA) conference in San Francisco. (Something big … [Read more...]
Today's Seattle Times has an article, Gay-Rights Movement's New Focus: Immigrants, discussing how gay rights groups and local immigrant rights groups are working together to fight for immigration reform. Gay rights' groups have advocated for a solution to the problem facing undocumented people in the US, many of whom are LGBT members. At the same time, many immigrant rights groups support reform of the immigration laws to allow US citizens and green card holders to sponsor their gay spouses. … [Read more...]
Getting Married in Washington State? What Binational and Dual National Same-Sex Couples Need to Know
It's a historic day in Washington State. Thanks to the voters who approved Referendum 74, same sex couples can legally marry starting today. The referendum went into effect on December 6, when couples started applying for marriage licenses. Along with the eight other states that permit same sex marriage, what does this new historic opportunity mean for couples where one or both spouses are foreign nationals? This blog post looks at the current status of options for foreign nationals to legally … [Read more...]
Washington State appears poised in the next few days to be the seventh state in the nation to legalize same-sex marriage. It would go into effect on June 7, 2012. Assuming expected legal and referendum challenges fail, what would that mean for immigrant couples? Visas and Green Cards for Binational Couples Unfortunately, it will still be impossible to obtain a green card or permanent residence through sponsorship by a gay or lesbian US citizen or permanent resident spouse until Congress … [Read more...]