Musings on Immigration

“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 federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly."  Secretary Napolitano has  directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.” Frequently Asked Questions Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa? A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant a...

by Hiba Ghalib , Associate Attorney This past weekend was a busy one for both gay rights activists and immigrant advocacy groups.  After the Supreme Court announced last Friday that it had agreed to hear two cases that challenge laws challenging same-sex marriage, over 50 groups supporting gay rights and immigration reform joined together to write a letter to the White House requesting President Obama hold off on deciding any immigration cases involving same sex couples until the Supreme Court issues its decision on gay marriage. In 1996, Congress enacted the Defense of Marriage Act, most often dubbed DOMA, denying same-sex couples federal benefits, including immigration benefits.  (It was signed into law by then-President Bill Clinton).  This prohibited U.S. Citizens from sponsoring their foreign national spouse for permanent residency if their spouses were of the same sex. To date, the administration continues to enforce DOMA and uses it ...