Immigration Law

Recent Posts

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

Administrative Closure Victory in Denver: Same-Sex Marriage
Posted on 10 Jun 2012 by Daniel M. Kowalski

"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"... Read More

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

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"Unless and until DOMA is struck down, repealed or other changes to the law occur , U.S. immigration officials will not approve a marriage-based immigrant petition filed for a same-sex spouse.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

Immigrants Sue Over U.S. Gay Marriage Ban
Posted on 4 Apr 2012 by Daniel M. Kowalski

"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... Read More

Same-Sex Couples Hope for Immigration Equality
Posted on 8 Oct 2012 by Daniel M. Kowalski

"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... Read More

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