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Woman immigrant in same-sex marriage won't be deported

"A New York woman releases a deep sigh of relief as she reflects on a court ruling that her spouse will not be torn from her by the looming threat of deportation. 'Now we can make plans, and we have all the time in the world,' Cristina Ojeda, 26, tells CNN. Monday, she received a letter...

Vermont couple denied spousal green card; DOMA cited

"A lesbian couple is appealing the U.S. Citizenship and Immigration Service's decision to deny a spousal green card as questions about their marriage loom with threat of deportation. Dummerston residents Frances Herbert and Japanese-born Takako Ueda, legally married in Vermont earlier...

In Defense of (Same-Sex) Marriage – How DOMA Separates Binational Families and Why it Must be Abolished

"Unless and until DOMA is struck down, repealed or other changes to the law occur , U.S. immigration officials will not approve a marriage-based immigrant petition filed for a same-sex spouse. The good news is that are many pending challenges to DOMA, both in court and in Congress . A federal...

Immigrants Sue Over U.S. Gay Marriage Ban

"Five legally married same-sex couples filed a lawsuit on Monday to challenge the 1996 law that bars the federal government from recognizing same-sex marriages , arguing that its impact is particularly harsh on couples that include an American citizen and a foreigner." - Julia Preston,...

Administrative Closure Victory in Denver: Same-Sex Marriage

"Here, the respondent has established a valid and particular ground for administrative closure. See 8 C.F.R. § l003.23(a) (pre-decision motions "shall state, with particularity the grounds therefore, the relief sought, and the jurisdiction"). The respondent argues that the resolution...

Same-Sex Couples Hope for Immigration Equality

"The same day a Houston Chronicle reporter inquired about Rivas-Guzman's case, his attorney received word from immigration officials in Houston that they would exercise prosecutorial discretion and close his deportation case. "We're still trying to soak it in," Smith said. "We...

BIA on DOMA, the INA and same-sex marriage: Matter of Zeleniak

Section 3 of the Defense of Marriage Act, Pub. L. No. 104 199, 110 Stat. 2419, 2419 (1996), is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the Immigration and Nationality Act if the marriage is valid under the laws of the State where it was celebrated. -...

News Excerpts From the Aug. 1, 2013, Bender’s Immigration Bulletin

Napolitano Resigns as Secretary of Homeland Security On July 12, 2013, Janet Napolitano announced her resignation as Secretary of Homeland Security, a position she has held since the start of the Obama administration. Napolitano will remain in her position until September, after which she will become...

USCIS Updates Same-Sex Marriage FAQ

"USCIS has published additional frequently asked questions based on the Supreme Court’s United States v. Windsor ruling, which invalidated part of the Defense of Marriage Act. This information is available on the USCIS website on the Same-Sex Marriages Web page within the Family section. We...