Immigration Family Law

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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H-4 Visa Holders May Soon Be Authorized To Work in the U.S.

On April 7, 2014, the White House made an exciting announcement about a proposal to grant employment authorization to spouses of H-1B workers. The Department of Homeland Security (DHS) has been working on amending its...more

What Happens to Permanent Resident Status after Divorce?

Divorce is an unfortunate reality for many couples. In fact, approximately 41 percent of first marriages and 60 percent of second marriages end in divorce. Divorce is a stressful and unsettling time for anyone, impacting a...more

What to Do and Not to Do When Filing for a Marriage-Based Green Card

The process of obtaining a marriage-based green card can be long and fraught with challenges. Married couples seeking to obtain a green card for one of the spouse should keep in mind the following do’s and don’ts when...more

Affidavit of Support (I-864) Enforceable Despite Pre-Nup, Divorce and Potential Marriage Fraud per California Court

Most people who immigrate through family sponsorship (and a few that immigrate through employment sponsorship) must have a sponsor that agrees to make sure they do not rely on public benefits. This sponsorship is...more

Utah Employment Law Letter - February 2014: WORKPLACE ISSUES: Legalization of same-sex marriage in Utah will affect employers

Traditionally, marriage has been defined in the United States and in the state of Utah as a legal relationship between a man and a woman. In 1996, Congress passed the Defense of Marriage Act (DOMA), which allowed states to...more

Eleventh Circuit Court Holds That Remarriage Does Not Bar Green Card Eligibility for Surviving Relative

In Williams v. U.S. Dept. of Homeland Security, the United States Court of Appeals for the Eleventh Circuit reversed the district court's grant of summary judgment and remanded the case, finding that remarriage does not bar...more

Unpublished BIA Decision: E-2 Spouses Not Required to Obtain EAD

On November 5, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision reversing the denial of an adjustment application and holding that the respondent was not required to obtain an employment...more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

LGBT Workplace Legal Developments - Senate Passes Employment Non-Discrimination Act – What’s Next?

The Employment Non-Discrimination Act (“ENDA”) passed the United States Senate on November 7, 2013, but is expected to languish and fail in the House. However, even if ENDA fails, this does not mean that employers need not...more

What You Need to Know about Your Marriage Green Card Interview

An interview with a U.S. Customs and Immigration Services official is a critical part of the marriage-based green card application process. The USCIS considers the interview to be an opportunity to confirm that the...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

Special Immigrant Juvenile Status: Making Children Priority One

In any context, abuse and abandonment is a heartbreaking experience for the children and families it affects. While therapy and psychological treatment may help begin to heal the wounds abuse leaves behind, undocumented...more

Bromance Gone Bad: The Immigration Bunkers of a Golfer’s Marriage

The P-1A visa category is reserved for those “internationally recognized” individual athletes or teams that seek to enter the United States temporarily for the sole purpose of performing in a competition, event, or...more

Windsor & DOMA: Issues for Cross-Border Employers

On June 26, 2013, the U.S. Supreme Court ruled in U.S. v. Windsor that Section 3 of the Defense of Marriage Act (“DOMA”), which defined “marriage” as strictly between opposite-sex couples and “spouse” as referring only to a...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

What You Should Know About Family-Based Immigration

There are a number of ways that a U.S. citizen or permanent resident can bring family members into the country. The Chicago immigration lawyers at Shapiro Law Group help families stay together through a wide variety of...more

New Immigration Rules for Same-Sex Couples

Among the repercussions of a recent Supreme Court decision that overturned the Defense of Marriage Act (DOMA), which defined marriage as the union of a man and woman, are a number of changes in current U.S. immigration law....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

Department of State Releases October 2013 Visa Bulletin

There is no significant movement in cutoff dates in the employment-based categories; spouses and children of permanent resident family-based sponsors no longer remain current. The U.S. Department of State (DOS) has...more

New ICE Prosecutorial Discretion Directive Facilitating Parental Interests

On August 23, 2013, the Immigration and Customs Enforcement (ICE) issued a Directive providing for the facilitation of parental interests in the course of civil immigration enforcement activities....more

Visa Bulletin for September Offers More Good News

Each month the Department of State issues a bulletin summarizing the availability of immigrant numbers for the upcoming month, and its September Visa Bulletin continues August’s trend with more good news....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

Be Careful What You Wish For…

By now, most of our readers are familiar with the Supreme Court’s decision eliminating the Federal government’s ability to define marriage as that between “one man and one woman” from the Defense of Marriage Act or “DOMA”....more

The Supreme Court's DOMA Decision Raises More Questions Than It Answers

With the Supreme Court's decision on the constitutionality of part of the Defense of Marriage Act, P.L. 104-199 (DOMA), Edith Windsor, the plaintiff, joins the likes of Beulah Crane (Crane, 331 U.S 1 (1947)), Mary Archer...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

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