BIA Rules that DOMA is no Longer a Bar to the Approval of Same-Sex Petitions

July 19, 2013

In a decision issued on Wednesday, the BIA remanded an immigrant visa petition to the District Director because DOMA is no longer a bar to the approval of same-sex petitions. In Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013), a United States citizen petitioned for his spouse. The District Director denied the petition in 2010…

USCIS Issues Guidance on Implementation of the Supreme Court’s DOMA Decision

July 2, 2013

USCIS has issued guidance on the implementation of last week’s Supreme Court decision striking down the Defense of Marriage Act. The guidance tells adjudicators to treat same-sex couples the same as heterosexual couples in immigration petitions. This guidance came after Secretary Napolitano directed USCIS yesterday to treat the petitions equally.This comes on the heels of…

The Impact of Supreme Court’s Upcoming Decision on Same-Sex Couples

June 25, 2013

As we await the Supreme Court’s decision regarding same sex marriage laws and California’s proposition 8, I thought I should post some notes on the potential implications of such decision in the immigration arena. Regardless of what the Supreme Court rules, the decision will sure have important implications on same sex couples with at least…