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"Unless and until DOMA is struck down, repealed or other changes to the law occur , U.S. immigration officials will not approve a marriage-based immigrant petition filed for a same-sex spouse.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

Couples Challenge DOMA in Federal Lawsuit

" 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 by Immigration Equality in U.S. District Court for...

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,...

DOMA's Tragic Impact on Immigrant Couples: Isn't it Time to Overturn it?

" I have long thought that the time is ripe for us to do something about this and look forward to a favorable outcome in Immigration Equality’s challenge to DOMA. Even before that, our administration has the power to stop deporting same sex marital partners, and it should take steps...

Class Action Lawsuit Challenges DOMA in Family Immigration Cases

Arenas, et al. v. Napolitano, et al., Case No. SACV12-1137-JVS(MLGx) (United States District Court for the Central District of California) "The 25-year old son of an immigrant from the Philippines, with his mother and her U.S. citizen spouse, today filed a class action lawsuit in federal court...

Exiled by Love: Gay Couples With No Path to Green Card Leave U.S.

"Not long ago, Brandon Perlberg had a growing law practice and a Manhattan apartment he shared with his partner, who is British. They hosted themed dinner parties and wine tastings for a wide circle of friends. But Mr. Perlberg, an American who is gay, now lives in London. Early last year he reluctantly...

DOJ Remands Another DHS 'DOMA Denial'

"Just before Mother’s Day this North Carolina family learned that the Board of Immigration Appeals (BIA) rejected the denial of the marriage-based green card petition they had filed last year. The BIA sent the case back to the U.S. Citizenship and Immigration Services (USCIS) Field Office...

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...

USCIS on Implementation of the Supreme Court Ruling on the Defense of Marriage Act

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 directed federal departments to ensure the decision...

Excerpts From the July 15, 2013, Bender’s Immigration Bulletin

DHS Begins Implementing Decision on DOMA On Wednesday, June 26, Secretary of Homeland Security Janet Napolitano announced that DHS would immediately begin to implement the Supreme Court decision invalidating section 3 of the Defense of Marriage Act. In a statement, Napolitano said that the provision...

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. -...

Bad Timing, Alberto: BIA Confirms Immigration Benefits for Same-Sex Spouses after U.S. v. Windsor

"Former Attorney General Alberto Gonzales, along with an immigration attorney, David Strange, published an Op Ed in the New York Times entitled What the Court Didn’t Say on July 17, 2013. They muddy the waters by contending that despite the recent Supreme Court decision in United States v...

U.S. v. Windsor Webinar, Aug. 1, 2013

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 of Marriage Act (DOMA) is unconstitutional....

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...

Immigration Benefits and Pitfalls for LGBT Families in a Post-DOMA World - Practice Advisory

"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 forms of relief from removal. This practice advisory...

DOS Cable on DOMA

"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 implications for same sex couples. 2. Beginning...

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

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 v. Windsor , 133 S. Ct. 2675, 2013 U.S. LEXIS...