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’...

Termination of Employee Based on her Marriage to an Undocumented Alien Does Not Violate VII

In 2011, the United States Supreme Court held in Thompson v. North American Stainless that an employer may violate Title VII by retaliating against an employee who is related to a worker engaged in conduct protected by Title VII-even if the employee himself neither raised a claim of discrimination nor...

Employment and Labor Roundup: Defense of Marriage Act decision, drugs, NLRB update, and more!

Giddyap! It's been a short week, but we have tons to talk about in the labor and employment law world! Thinking out loud about the impact of yesterday's DOMA decision on the Family and Medical Leave Act. The U.S. Court of Appeals for the First Circuit* held yesterday that Section 3 of the...

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...

Pre Nuptial Waivers Not Enforceable Unless Properly Acknowledged

By Peter K. Kelly, Esq. Of Counsel, Ruskin Moscou Faltischek P.C. A nuptial agreement which waives certain rights under equitable distribution must be in writing, subscribed by the parties and acknowledged in the manner entitle for a deed to be recorded. Domestic Relations Law Section 236B(3)....

High Court: Ban On Benefits For Same-Sex Married Couples Unconstitutional

WASHINGTON, D.C. - (Mealey's) In a 5-to-4 vote, the U.S. Supreme Court on June 26 struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defines marriage as the legal union between one man and one woman as husband and wife for purposes of all federal statutes...

Supreme Court Finds No Standing To Appeal Same-Sex Marriage Ruling

WASHINGTON, D.C. - (Mealey's) Proponents of California's Proposition 8 banning same-sex marriage did not have standing to appeal a ruling finding the ballot initiative unconstitutional, the U.S. Supreme Court held June 26 in a 5-4 ruling ( Dennis Hollingsworth, et al. v. Kristin M. Perry, et...

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...

Federal District Court Awards Pension Benefit to Same-Sex Spouse

by Brian M. Pinheiro, Alisa M. Huth, and Diane A. Thompson, Ballard Spahr LLP The U.S. District Court for the Eastern District of Pennsylvania has ordered a profit sharing plan to pay death benefits to the same-sex spouse of a deceased employee. This decision is the first to address same...

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...

Spousal / Marital Privileges

In United States v. Brock , 2013 U.S. App. LEXIS 15574 (7th Cir. 2013). here , [ enhanced version available to lexis.com subscribers ], the Seventh Circuit offers a good summary of the marital privileges that can be invoked to prevent one spouse from testifying adversely to the other. The opinion is...

IRS Revenue Ruling - IRS Recognizes Same-Sex Marriages Regardless of Domicile

The U.S. Department of the Treasury and the Internal Revenue Service have ruled in Revenue Ruling 2013-17 that same-sex couples, legally married in a jurisdiction that recognizes their marriage, will be treated as married for federal tax purposes. The ruling applies even if the couple lives in a jurisdiction...

wedding scene outdoor

Virginia Department of Taxation Will Not Recognize Joint Returns for Same-Sex Couples After Windsor

BY: THOMAS W. ALDOUS, JR. The Virginia Department of Taxation recently announced that same-sex couples married in another state must file separate Virginia income tax returns even though they file a federal return as a married couple. Background . In United States v. Windsor , 186 L. Ed. 2d...

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...

Skirmishes In States Over Same-Sex Marriage

SKIRMISHES IN STATES OVER SAME-SEX MARRIAGE: Last week was a busy one for same-sex marriage, with significant developments on the issue in multiple states. Some of the biggest news came out of Nevada, where Attorney General Catherine Cortez Masto (D) and Gov. Brian Sandoval (R) announced the state was...

Diana Richmond on Hollingsworth v. Perry and U.S. v. Windsor: After Jubilation, What?

Last month, as a result of the decision of United States District Court Judge John E. Jones III in Whitewood v. Wolf , 2014 U.S. Dist. LEXIS 68771 (M.D. Pa. May 20, 2014), [ enhanced version available to lexis.com subscribers ], the State of Pennsylvania became the 19th state to recognize same-sex marriage...

You Won’t Believe This Case -- I Did Not Make This Up. Really!

Imagine this scenario for a second. A man is having marital problems. So he takes the not unreasonable step of visiting his priest to seek guidance. Unbeknownst to the man, however, the priest has been having an intimate relationship with the man’s wife. The priest fails to mention this detail...