Immigration Law

Recent Posts

Excerpts From the Sept. 1, 2013, Bender’s Immigration Bulletin
Posted on 22 Aug 2013 by LexisNexis Legal Newsroom Staff

Administration Issues Additional Guidance Following Supreme Court’s DOMA Ruling The State Department and Department of Homeland Security issued further guidance in August on the implementation of the Supreme Court’s ruling in United States... Read More

DOS Cable on DOMA
Posted on 2 Aug 2013 by Daniel M. Kowalski

"UNCLASSIFIED STATE 00112850 AUG 13 SUBJECT: NEXT STEPS ON DOMA - GUIDANCE FOR POSTS 1. On June 26, 2013, the Supreme Court held Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. That decision has many immigration-related... Read More

Tags: guidance , dos , DOMA , cable

USCIS on Implementation of the Supreme Court Ruling on the Defense of Marriage Act
Posted on 3 Jul 2013 by Daniel M. Kowalski

USCIS, July 2, 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... Read More

Tags: DOMA , USCIS

USCIS Updates Same-Sex Marriage FAQ
Posted on 26 Jul 2013 by Daniel M. Kowalski

"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... Read More

Immigration Benefits and Pitfalls for LGBT Families in a Post-DOMA World - Practice Advisory
Posted on 29 Jul 2013 by Daniel M. Kowalski

"In United States v. Windsor , the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. With the end of DOMA, married LGBT binational couples can access the panoply of marriage-based immigration benefits and... Read More

BIA on DOMA, the INA and same-sex marriage: Matter of Zeleniak
Posted on 17 Jul 2013 by Daniel M. Kowalski

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... Read More

DHS: Implementation of Supreme Court Ruling on DOMA
Posted on 2 Jul 2013 by Daniel M. Kowalski

"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... Read More

U.S. v. Windsor Webinar, Aug. 1, 2013
Posted on 25 Jul 2013 by Daniel M. Kowalski

U.S. v. Windsor: Implications for International Students and Scholars and their Host Institutions Thursday, August 1, 2013 12:00 PM - 1:00 PM EDT "On June 26, 2013, the Supreme Court of the United States held in U. S. v. Windsor that the Defense... Read More

Tags: windsor , webinar , Ware , DOMA

Couples Challenge DOMA in Federal Lawsuit
Posted on 3 Apr 2012 by Daniel M. Kowalski

" Five same-sex couples challenged a U.S. law barring the federal government from recognizing gay marriages, saying its impact is harsh on non-citizens' spouses. The lawsuit challenging the 1996 Defense of Marriage Act, was filed Monday... Read More

Tags: DOMA , lawsuit

Woman immigrant in same-sex marriage won't be deported
Posted on 7 Dec 2011 by Daniel M. Kowalski

"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... Read More

In Defense of (Same-Sex) Marriage – How DOMA Separates Binational Families and Why it Must be Abolished
Posted on 6 Jan 2012 by Daniel M. Kowalski

"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... Read More

Vermont couple denied spousal green card; DOMA cited
Posted on 21 Dec 2011 by Daniel M. Kowalski

"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... Read More

For Gay Immigrants, Marriage Ruling Brings Relief and a Path to a Green Card
Posted on 2 Jul 2013 by Daniel M. Kowalski

"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... Read More

DOMA Ruling Opens Doors for Immigration for Same-Sex Spouses
Posted on 27 Jun 2013 by Daniel M. Kowalski

"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... Read More