LexisNexis® Legal Newsroom
Suit says marriage licenses denied to undocumented immigrants

"The Southern Poverty Law Center on Wednesday filed a federal lawsuit against 55 Alabama counties, including Tuscaloosa County and others in West Alabama, alleging that they have denied undocumented immigrants marriage licenses." - Tuscaloosa News, Oct. 20, 2011 .

Unpub. BIA Visa Petition Victory: MTF Transgender Married to USC Male

"Having considered the unique circumstances of this case, we find that, while it does not mirror the factual scenario of Matter of Lovo , supra, it is a variation of our finding in that case. ... [W]e find that the petitioner and the beneficiary have a "monogamous, heterosexual marriage."...

American Husband Murdered for Following 'Rule of Law'

"Tania Nava has one piece of advice for anyone seeking to come out of the shadows and pursue a path to U.S. citizenship: don't do it. She says her decision to become a legal citizen is one of the reasons her husband was murdered. "I should've stayed illegal this whole time,"...

Gay, married immigrant spared from deportation

"A gay Costa Rican immigrant has been spared from deportation by a Houston immigration judge based in large part on his marriage to a U.S. citizen, the immigrant's attorney said. Judge Richard Walton on Thursday administratively closed the deportation case against David Gonzalez, an accountant...

The Power of Marriage

"Though Gonzales was arrested for being undocumented in 2006 and his future was uncertain, he and Mario married in California in 2008, while gay marriage was briefly legal there. That marriage became the basis on which federal immigration Judge Richard Walton administratively closed Gonzales’...

BIA on 204(c) (unpub.)

"To the extent that the beneficiary's former spouse may not have been legally free to marry her at the time of their marriage, the Director should address the applicability of section 204(c) of the Act in such an instance. We note that section 204(c) of the Act does not apply to fraud based...

Intercontinental Love, Interrupted

"Today, a sad tale of intercontinental love interrupted by Texas law. It involves a couple who’ve seen each other only once since marrying 21 months ago." - Ken Herman, Oct. 11, 2012 .

Unpub. BIA Remand: New Delhi Spousal Visa Petition

Marc Ellis writes: "If anyone practices in New Delhi, this may be of interest. I just won a BIA appeal that should affect the way New Delhi denies spousal visas. I've seen this consulate more than once - allege that a Hindu couple's marriage was ceremonially deficient and thus, invalid under...

Unpub. BIA Visa Petition Victory: Bona Fide Marriage

"We have reviewed the record of proceedings, including the decision of the Field Office Director; the NOID; the response to the NOID; and the petitioner's contentions on appeal. Based on our de novo review, we are unable to reach the same conclusion as the Field Office Director. We are persuaded...

DOMA Ruling Opens Doors for Immigration for Same-Sex Spouses

"A Hollywood genius might have been hard-pressed to produce a more perfect ending to Melanie Servetas' story. Servetas was marrying the love of her life Wednesday morning near a picturesque Rio de Janeiro beach. At the same time, the U.S. Supreme Court was striking down the 1996 Defense of Marriage...

For Gay Immigrants, Marriage Ruling Brings Relief and a Path to a Green Card

"The Supreme Court’s decision on Wednesday to strike down the federal law against same-sex marriage brought a stunning improvement in the lives of Steven Infante, an immigrant from Colombia, and his American husband — less than an hour after the ruling was announced. Mr. Infante and...

DHS: Implementation of Supreme Court Ruling on DOMA

"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 federal departments to ensure the decision and its implication...

New U.S. Policy Gives Equal Treatment to Same-Sex Spouses’ Visa Applications

"The United States will treat the visa applications of same-sex married couples in the same manner as opposite-sex spouses, Secretary of State John Kerry said Friday, announcing a policy change set in motion in June, after the Supreme Court struck down a law against same-sex marriage. The policy...

Inside the Canadian Visa Selection System

"It is always a mystery how immigration officials come to the conclusion if a marriage is genuine or fake, but now a new study has shed light on the inner thinking of the decision-makers. McMaster University professor Vic Satzewich was given rare access by Citizenship and Immigration Canada inside...

For Richer, For Poorer...For $5,000

"Oregon First Lady Cylvia Hayes today confessed to breaking federal law in 1997 by entering into an illegal marriage with an 18-year-old Ethiopian immigrant. Hayes, who is now engaged to Gov. John Kitzhaber, says she was paid approximately $5,000 to marry the man, Abraham B. Abraham. Hayes had kept...

Cyrus D. Mehta: Will the San Bernardino Attack Make Marriages to Foreign Spouses More Difficult?

Cyrus D. Mehta, Dec. 14, 2015 - "Even if the K-1 visa is not curtailed by Congress (and hopefully that will not be the case), there is bound to be more scrutiny after the shootings. To be eligible for the K-1 visa, it is important that there be no legally valid marriage as the applicant must remain...