News & Analysis as of September 22, 2024

Same-Sex Marriage › Visas

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Same-sex marriage refers to marriage between two individuals of the same sex. Historically, such marriages have not been legally recognized. However, there has been a growing trend to expand marriage rights to same-sex couples. The United States Supreme Court addressed aspects of this issue in Windsor v. United States and Hollingsworth v. Perry. less -

MoFo Contributes to Landmark Reversal of Hong Kong Immigration Department’s Policy Regarding Rights for Same-Sex Non-Local...

Morrison & Foerster LLP - MoFo+ on 10/11/2018

Morrison & Foerster was part of a 31-strong coalition of international financial institutions and law firms which took part in an effort to revise the Hong Kong Immigration Department’s policy regarding non-local dependents’...more

Trump Administration Changes Visa Policy for Same-Sex Couples

Bowditch & Dewey on 10/4/2018

On Monday, October 1, the Trump administration stopped granting visas to non-married same-sex partners of foreign diplomats and officials and employees of the United Nations (“UN”). This policy change applies equally to...more

Hong Kong's Court of Final Appeal Upholds LGBT Immigration Rights

Orrick, Herrington & Sutcliffe LLP on 7/13/2018

Hong Kong’s top court has confirmed that the status of same-sex couples who have entered civil partnerships overseas is to be recognised when considering the grant of dependent visas. In QT v. Director of Immigration (FACV...more

LGBT Immigration Rights Upheld by Hong Kong Court

Orrick, Herrington & Sutcliffe LLP on 9/28/2017

In a decision likely to please equal opportunities campaigners as well as global financial institutions and other employers of overseas talent in Hong Kong, the Court of Appeal has unanimously struck down an immigration...more

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

Laner Muchin, Ltd. on 8/25/2015

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

A Review of the Supreme Court’s 2014 - 2015 Term

Franczek P.C. on 7/2/2015

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

Immigration Alert: October 2013

Epstein Becker & Green on 10/30/2013

I. USCIS Instructs on Immigration Benefits for Same-Sex Spouses - 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....more

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

Laner Muchin, Ltd. on 8/7/2013

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

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

Proskauer Rose LLP on 8/6/2013

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

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

Morgan Lewis on 7/29/2013

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

What Does DOMA and Prop 8 Mean to You: The Employer?

Nossaman LLP on 7/23/2013

After a year-long battle, Section 3 of the so-called Defense of Marriage Act ("DOMA"), which denied federal recognition of all state-sanctioned same-sex marriages, and California's Proposition 8 banning gay marriage are both...more

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

Mintz - Immigration Viewpoints on 7/22/2013

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

Epstein Becker & Green on 7/22/2013

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

The Supreme Court’s DOMA Decision: What Does it Mean for Employee Benefit Plans?

Fenwick & West LLP on 7/16/2013

On June 26, 2013, in U.S. v. Windsor, the United States Supreme Court struck down the portion of the Defense of Marriage Act (“DOMA”) that defined marriage as a legal union between one man and one woman. This decision will...more

Health Care Reform Employer Mandate Delayed; DOMA Struck Down - What Now For Employers?

Poyner Spruill LLP on 7/16/2013

Health Care Reform Employer Mandate and Reporting Provisions Delayed until 2015 - The U.S. Department of the Treasury unexpectedly announced on July 2, 2013 the delay of the employer shared responsibility ‘pay or play’...more

DOMA Overruled: Milestone for Applicants of Immigration Benefits

Proskauer Rose LLP on 7/15/2013

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/15/2013

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

Snapshots of Big Picture and Meaningful Small-Scale Developments in the World of Immigration

Baker Donelson on 7/12/2013

The United States Citizenship and Immigration Services' (USCIS) E-Verify system will now contact employees directly in the event of a Social Security Administration (SSA) or Department of Homeland Security (DHS) Tentative...more

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

Pullman & Comley, LLC on 7/9/2013

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/8/2013

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

What Windsor Means for Same-Sex Married Couples Seeking U.S. Immigration Benefits

Mintz - Immigration Viewpoints on 7/5/2013

On June 26, 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the 1996 Defense of Marriage Act (“DOMA”) is unconstitutional. This Section of DOMA prohibited the U.S. government from conferring any...more

DOMA Decision: Same-Sex Couples Can File Marriage-Based Immigration Petitions

Davis Wright Tremaine LLP on 7/5/2013

Last week, the U.S. Supreme Court in United States v. Windsor, 570 U.S. ___ (2013) ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Shortly after, Janet Napolitano, the Secretary of the...more

Implementation of DOMA Decision

Cozen O'Connor on 7/5/2013

Statement from Secretary of Homeland Security Janet Napolitano: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed...more

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Same-Sex Marriage › Visas

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