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Family Law Immigration

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:

To Marry an Immigrant? Possible Financial Consequences: The Power of the Prenuptial Agreement and Ramifications of the Affidavit...

John just turned 33. Born in New Jersey, a college graduate, and, a pretty decent professional job. Bored, John joins ChristianMingle.com. A few days later, June from Australia sends him a direct message. He responds. She...more

STOP: Deferred Action for Childhood Arrivals Program Rescinded

by Strasburger & Price, LLP on

On September 5, 2017, the Trump Administration, through Attorney General Jeff Sessions, announced its decision to rescind the Deferred Action for Childhood Arrivals (DACA) Program. The program was implemented through...more

Religious Institutions Update: June 2017

by Holland & Knight LLP on

Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more

We’re Married! Let’s Move to the U.S.! – Bringing Your Foreign-Citizen Spouse Into the U.S. (July 2020)

by Garvey Schubert Barer on

It may be surprising, but moving to the U.S. with your foreign-citizen spouse is not as simple as you might imagine. If you are a U.S. citizen working abroad and considering moving back to the U.S. with your foreign-citizen...more

A Preview of Business Immigration in 2016: H-4 EAD Reforms (Part 4/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

Court Determines that Stepchild Does Not Fall Under Definition of Child

by Cozen O'Connor on

The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, who married his non-citizen mother after he was born...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

Immigration Update: EAD Eligibility for H-4 spouses

by Moore & Van Allen PLLC on

Effective on May 26, 2015, certain dependent spouses of H-1B workers will be eligible for employment authorization. Specifically, H-4 spouses will be eligible for this new benefit provided their H-1B nonimmigrant worker...more

FAQs on H-4 Employment Authorization Final Rule From DHS

On February 25, 2015, the U.S. Department of Homeland Security (DHS) published a final rule confirming that certain H-4 spouses will be eligible to apply for U.S. work authorization. The following is an outline of the new...more

How to Sponsor Same-Sex Spouse for Green Card

by Ronald Shapiro on

Prior to the Supreme Court’s decision in U.S. v. Windsor in June 2013, in which the Court struck down section 3 of the Defense of Marriage Act (DOMA), same-sex married couples were not allowed to seek a green card on behalf...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

More Executive Action on Immigration Reform: Work Authorization For H-4 Spouses

In a new draft rule notable not only for its substantive content but also for the fact that it represents another incremental immigration reform measure undertaken by executive action in lieu of stalled Congressional...more

BIA Holds Physical Presence of Parent Cannot be Imputed to Child for TPS Purposes

The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary...more

Significant Changes to South African Immigration

by Faegre Baker Daniels on

The Critical Skills Work Visa is a newly introduced category which will replace the Quota and Exceptional Skills work permits. The role must be listed on the current Critical Skills list, and the applicant must obtain written...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

H-4 Visa Holders May Soon Be Authorized To Work in the U.S.

by Davis Brown Law Firm on

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?

by Ronald Shapiro on

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

by Ronald Shapiro on

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

by Davis Brown Law Firm on

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

by Kirton McConkie PC on

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?

by Ronald Shapiro on

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

What You Need to Know about Your Marriage Green Card Interview

by Ronald Shapiro on

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

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