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Obergefell Expands The Number Of Individuals Potentially Eligible To Apply For Immigration Benefits

Obergefell effectively expands the number of individuals who would be eligible to submit immigration applications on behalf of a same-sex spouse because same sex marriage is now legal across the country, rather than in a...more

Keeping Multi-national Families Together - The Supreme Court’s Ruling in Favor of Same-Sex Marriage Confirms the Federal...

On Friday, June 26, 2015, the U.S. Supreme Court ruled that there is a constitutional right to same-sex marriage under the 14th Amendment (“equal protection under the law” and the right to “due process of law”), striking down...more

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Does the recognition of same-sex marriage in Pennsylvania have any effect on immigration visa petitions for Pennsylvania citizens?

Immigration visas, unlike marriage recognitions, are regulated by the federal government, not the individual states. This means that the Pennsylvania Whitewood decision, albeit groundbreaking on a state level, has no effect...more

ICE Will Agree to Reopen Removal Proceedings in Same-Sex Marriage Cases

Generally, a 90-day deadline applies to filing a Motion to Reopen Removal Proceedings after a respondent has been ordered removed. One of the exceptions to this rule allows for the filing of an untimely Motion to Reopen if it...more

Illinois Passes Legislation Approving Same-Sex Marriage: What Does This Mean for Binational Same-Sex Couples?

On November 5, the Illinois legislature voted to pass legislation that legalizes same-sex marriage in Illinois. Gov. Pat Quinn plans to sign the bill into law on November 20, 2013, and effective June 1, 2014, same-sex couples...more

USCIS Begins Approving Green Card Applications for Same-Sex Married Couples

A California professor was one of the first binational couples to have their marriage recognized by federal immigration officials. Although Tom Knutson and his partner Phan Datthuyawat have been together for more than 20...more

Florida DMV Will Not Accept Immigration Documents Based on Same-Sex Marriage

Part of the driver license application process in Florida involves proving lawful status in the U.S. There are many documents or sets of documents an applicant can provide to the Florida Department of Motor Vehicles (DMV) to...more

Annual Diversity Visa Lottery to Start Oct. 1st

Online registration for the DV 2015 lottery will begin on Tuesday, October 1, 2013 at 12:00 noon, Eastern Daylight Time (EDT) and conclude on Saturday, November 2, 2013 at 12:00 noon, Eastern Daylight Time (EDT). See the...more

An Immigration Guide for International Same-Sex Married Couples

As we recently reported, the U.S. Supreme Court recently ruled in the case of U.S. v. Windsor that Section 3 of the Defense of Marriage Act is unconstitutional, and President Obama subsequently directed federal government...more

USCIS FAQs on Same-Sex Marriage

The U.S. Citizenship & Immigration Services (USCIS) has continued to issue guidance on same-sex visa petitions since the Supreme Court’s holding in United States v. Windsor, which invalidated portions of the Defense of...more

USCIS Finalizes Formal Procedures for Reopening Green Card and Fiancé(e) Applications Previously Denied Because of DOMA

On June 26, 2013, the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. Following that decision, U.S. Citizenship and Immigration Services (USCIS) announced that it will approve...more

U.S. Secretary of State Issues Press Release Confirming Same-Sex Spouses Can Apply For Non-immigrant Visas, Effective Immediately

On August 2, 2013, U.S. Secretary of State John Kerry issued a formal statement confirming that, effective immediately, when same-sex spouses apply for a non-immigrant dependent visa, the U.S. Department of State (DOS) will...more

CBP awaiting "guidance" to form policy on same-sex marriage derivative admissions

Department of State and United States Citizenship and Immigration Services have taken active steps to prepare their agencies to receive applications relating to same-sex couples based on the Windsor decision....more

United States State Department Announces Visas for Same-Sex Spouses Are Now Available

On June 26, 2013, the Supreme Court found Section 3 of the Defense of Marriage Act (DOMA) unconstitutional, and we reported in our client alert of July 12, 2013 on implementation of the decision by United States Citizenship...more

Iowa Immigration Law Blog: Citizenship and Immigration Services Clarifies Immigration Benefits for Same-Sex Couples

As almost everyone now knows, on June 26, the U.S. Supreme Court overruled Section 3 of the Defense of Marriage Act (DOMA). On the immigration front, this means that a U.S. Citizen same-sex spouse who is married to a...more

U.S. Immigration Benefits Available to Same-Sex Spouses

USCIS issues expanded and revised FAQ in the wake of the Supreme Court's decision overturning DOMA. ...more

BIA Reverses USCIS Denial of I-130 Petition for Same-Sex Couple in Matter of Zeleniak

In its first decision regarding same-sex immigration benefits since the June 26, 2013, Supreme Court decision United States v. Windsor, which held that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional,...more

Immigration Alert: July 2013

I. SCOTUS Holds DOMA Unconstitutional - On June 26, 2013, the Supreme Court of the United States ("SCOTUS") held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional. United States v. Windsor,...more

DOMA Overruled: Milestone for Applicants of Immigration Benefits

On June 26, 2013, the U.S. Supreme Court in United States v. Windsor struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional, allowing for the recognition of same-sex marriages and making way for...more

DOMA And Immigration: Practical Implications Of The Supreme Court’s Decision

On June 26, 2013, the Supreme Court of the United States issued its decision in United States v. Windsor. ...more

The Supreme Court's Decision Declaring Section 3 Of The Defense Of Marriage Act Unconstitutional Has Far-Reaching Implications For...

On June 26, 2013, in United States v. Windsor, the United States Supreme Court struck down Section 3 of DOMA, holding that it was unconstitutional to discriminate between same-sex and opposite-sex marriages for purposes of...more

Homeland Security Issues Guidance on Same-Sex Immigration Benefits

After the recent U.S. Supreme Court ruling in the case of U.S. v. Windsor, which found that Section 3 of the Defense of Marriage Act is unconstitutional, President Obama directed federal government departments to ensure that...more

Supreme Court’s DOMA Ruling Provides New Immigration Opportunities for Same-Sex Spouses

The United States Supreme Court’s June 2013 ruling striking down the Defense of Marriage Act (DOMA) as unconstitutional has created an opportunity for certain foreign nationals in same-sex marriages to petition for...more

DOMA Ruling: Practical Implications of the Supreme Court’s Decision

On June 26, 2013, the Supreme Court of the United States issued a decision in United States v. Windsor. The Court ruled that a provision of the federal Defense of Marriage Act (DOMA), which had denied federal benefits to...more

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