Immigration Law

Recent Posts

USCIS Revised Guidance on Informal ("Camp") Marriages (Feb. 14, 2022)
Posted on 15 Feb 2022 by Daniel M. Kowalski

USCIS, Feb. 14, 2022 "As of the date of this memorandum, RAIO is rescinding marriage guidance previously issued by RAIO divisions: "Guidance for the treatment of refugee cases that include an informal marriage to an RE-2 derivative spouse... Read More

BIA on 204(c) - Matter of Pak
Posted on 2 Nov 2020 by Daniel M. Kowalski

Matter of Pak, 28 I&N Dec. 113 (BIA 2020) Where there is substantial and probative evidence that a beneficiary’s prior marriage was fraudulent and entered into for the purpose of evading the immigration laws, a subsequent visa petition filed... Read More

CA3 on Peru, Marriage, Derivative Citizenship: Espichan v. Atty. Gen.
Posted on 28 Dec 2019 by Daniel M. Kowalski

Espichan v. Atty. Gen. "Arturo Nicola Espichan came to the United States from Peru as a 14-year-old to live with his father, who shortly after became a U.S. citizen. When the Government later sought to deport Espichan for having committed an aggravated... Read More

USCIS Policy Alert: Marriage Involving Minor(s) - April 12, 2019
Posted on 14 Apr 2019 by Daniel M. Kowalski

USCIS Policy Alert: Marriage Involving Minor(s) - April 12, 2019 "U.S. Citizenship and Immigration Services (USCIS) is updating the Adjudicator’s Field Manual (AFM) to add Chapter 21.3(a)(2)(D)(iv), Interview Guidelines for Form I-130 Spousal... Read More

USCIS Grants Green Card 41-Years Later, Finally Recognizes 1975 Same-Sex Marriage
Posted on 12 Jul 2016 by Daniel M. Kowalski

Sveta Apodaca, June 9, 2016 - "In a series of recent decisions, the Board of Immigration Appeals (BIA) and the U.S. Citizenship and Immigration Services (USCIS) have recognized as valid the April 21, 1975 marriage of two gay men, Richard Adams and... Read More

BIA on 204(c) (unpub.)
Posted on 6 Oct 2012 by Daniel M. Kowalski

"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... Read More

Tags: 204(c) , Marriage , bia , ellison

Unpub. BIA Remand: New Delhi Spousal Visa Petition
Posted on 12 Nov 2012 by Daniel M. Kowalski

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... 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

Court Strikes Down Louisiana Anti-Immigrant Marriage Law: Vo v. Gee
Posted on 9 Aug 2017 by Daniel M. Kowalski

Vo v. Gee - "The unconstitutionality of Act 436 applies to all residents of the State of Louisiana, not just Mr. Vo. The scope of the preliminary injunction order applied to Plaintiff and all similarly situated U. S. citizens who are prevented from... Read More

Unpub. BIA Visa Petition Victory: Bona Fide Marriage
Posted on 13 Nov 2012 by Daniel M. Kowalski

"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... Read More

Unpub. BIA Visa Petition Victory: MTF Transgender Married to USC Male
Posted on 7 Feb 2012 by Daniel M. Kowalski

"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... Read More

Federal Court: Louisiana Law Violates Refugee's Right to Marry - Vo v. Gee
Posted on 24 Mar 2017 by Daniel M. Kowalski

Associated Press, Mar. 23, 2017 - "A year ago, a state law blocked a U.S. citizen born in an Indonesian refugee camp from getting married in Louisiana. A court victory Wednesday means the man and his fiancee are free to make wedding plans. Viet... Read More

Lawsuit Filed Against Unconstitutional Louisiana State Law Blocking Immigrants from Marrying - Vo v. Gee
Posted on 18 Oct 2016 by Daniel M. Kowalski

NILC, Oct. 18, 2016 - "A Louisiana man is challenging an unconstitutional state law that denies some immigrants in the state the fundamental right to a legal marriage. Viet “Victor” Anh Vo filed the lawsuit Vo v. Gee, et al. in the... Read More

New U.S. Policy Gives Equal Treatment to Same-Sex Spouses’ Visa Applications
Posted on 4 Aug 2013 by Daniel M. Kowalski

"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... Read More

The Power of Marriage
Posted on 14 May 2012 by Daniel M. Kowalski

"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... Read More