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In June, the US Supreme Court determined that the Defense of Marriage Act (DOMA) was unconstitutional. Within days, the USCIS and several other federal agencies indicated that it would begin treating same sex married couples the same as heterosexual married couples. Although it was a bit longer in coming compared to the USCIS, the Department … Continue reading “State Department FAQ on Same Sex Immigration Benefits” The U.S. Supreme Court today ruled that the Defense of Marriage Act (DOMA) is unconstitutional. In essence, the Court said that the Federal government could not treat legally married same-sex couples differently from other legally married couples. What Does This Mean For Immigration Purposes? With this ruling, Gafner Law Firm is confident that the … Continue reading “DOMA Struck Down – Its Impact on Same-Sex Marriage Visa & Immigration Benefits” Currently, as of this writing, the immigration agency does not recognize same-sex marriages as eligible for the marriage visa leading to permanent resident. However, many believe that the immigration agency will begin to accept same-sex marriage visa applications in the near future. My personal guess is that the change will occur within the next … On October 5, 2012, the Immigration & Customs Enforcement Agency released a memorandum indicating that it was modifying its definition of family relationship to include long-term, same-sex relationships. ICE will use this definition when it is making prosecutorial discretion determinations. Under its new guidelines, ICE will consider same-sex relationships to rise to the level of … UPDATE: Unfortunately, the USCIS has played a cruel, unintended trick on same-sex couples. It has announced that it will continue denying same-sex marriage immigration petitions – as it will continue to enforce the Defense of Marriage Act. Now, advocates must wait for the USCIS to determine how to handle President Obama’s decision to no longer … Continue reading “New York City Immigration Office Holding Same-Sex Immigration Petitions?!” UPDATE: Unfortunately, the USCIS has played a cruel, unintended trick on same-sex couples. It has announced that it will continue denying same-sex marriage immigration petitions – as it will continue to enforce the Defense of Marriage Act. Now, advocates must wait for the USCIS to determine how to handle President Obama’s decision to no … Continue reading “Some USCIS Local Offices Accepting Same Sex Immigration Petitions?!” Beginning last month, the Department of State has announced that its diplomats can obtain immigration status for foreign national spouses who are of the same sex. This marks the first time that the United States immigration system has acknowledged same sex couples. Whether further changes will be made is yet to be seen. Last week the Government announced that it would no longer defend the Defense of Marriage Act. This announcement has many potential implications for same sex couples. One potential implication is how, or when, the USCIS will begin recognizing same sex marriages when it comes to providing immigration benefits. As of right now, the USCIS does … Continue reading “Immigration Benefits for Same Sex Couples?” |
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