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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...]
Immigration and Firm News
September 29, 2013 by ·
In the world of immigration and citizenship law, our clients deal with many government agencies. My readers know that I like to cite directly to government sources; so, let's take a look at the contingency plans of various federal agencies in case Congress puts us all over the fiscal cliff into a government shutdown next week. Keep in mind that things are changing by the hour. If ever there is a time for it, should there be a shutdown, patience will certainly be a virtue while our crazy … [Read more...]
September 12, 2013 by ·
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...]
July 2, 2013 by ·
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...]
June 27, 2013 by ·
Just a quick note about yet another exciting and historic moment here at the American Immigration Lawyers Association Conference in San Francisco. The Senate just passed the ""Border Security, Economic Opportunity, and Immigration Modernization Act" with a bipartisan vote of 68 to 32! This is a mixed bag bill with lots of good stuff: pathway to legalization for the undocumented, albeit a very long and arduous path, some new visas for investors and entrepreneurs, retirees and guest workers, … [Read more...]
June 26, 2013 by ·
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...]
June 25, 2013 by ·
Just a quick post before I head to San Francisco for the annual American Immigration Lawyers Association conference. S. 744 is on the way to a vote within the next few days, only now with a GOP peacemaking feature to keep the bill moving. It now contains provisions for 40,000 Border Patrol boots on the ground (anyone need a job?) and more fencing (700 miles) to the tune of $46 billion dollars (i.e., the full employment bill for government contractors providing border enforcement technology … [Read more...]
June 24, 2013 by ·
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...]
June 23, 2013 by ·
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...]
May 15, 2013 by ·
I mentioned in my earlier blog post, I-94 Automation Begins: What you need to know, that US Customs and Border Patrol started implementation of its new automated I-94 system. I-94s are a key document used to verify lawful status in the US. It is used to apply for drivers licenses in many states as well as to apply for Social Security numbers, government benefits and immigration extensions and change of stay, as well as adjustment of status for permanent residence. In that post I advised that … [Read more...]
