Kurzban Kurzban Tetzeli and Pratt P.A.
786-401-4706

USCIS quickly reverses itself in same sex spousal visa cases

Immigration authorities say they have changed course again on how it will handle applications for green cards in cases involving same sex couples. Last week U.S. Citizenship and Immigration Service (USCIS) officials announced that applications from foreign nationals married to a U.S. citizen of the same sex would be put on hold in light of the Obama administration's announcement that it will no longer defend the Defense of Marriage Act (DOMA) in court. Shortly thereafter, USCIS spokesman Chris Bently said that government lawyers concluded DOMA must continue to be followed.

Generally, citizens and permanent residents of the U.S. can petition for various types of family visas under U.S. immigration law. Opposite sex foreign spouses of U.S. citizens ordinarily can qualify for a green card as an immediate relative of the U.S. citizen. DOMA defines marriage as being between a man and a woman. The law prohibits the federal government from recognizing marriages between same sex couples.

Attorneys in the Department of Homeland Security reportedly conducted a review of the law. The attorneys concluded that despite the Obama administration's decision to stop defending the constitutionality of DOMA, the law remains in effect and must be followed at the federal level.

Attorney General Eric Holder announced in February that the government would no longer defend DOMA. As this blog reported last week, Holder's announcement influenced at least one immigration judge to postpone a deportation order against a woman from Argentina who is married to a female U.S citizen.

The USCIS decision to return to its standard procedure of denying applications for immigration benefits for same sex couples reportedly has not affected the postponement of the Argentine woman's deportation case.

Source: AP via ABC27, "US back to denying same sex couples visas," 30 Mar 2011

No Comments

Leave a comment
Comment Information
  • Best Lawyers
  • Super Lawyers
  • AV - Martindale-Hubbell | Peer Review Rated For Highest Level of Professional Excellence
  • The Best Lawyers in America
  • 10 best || 2017 || Attorneys || Client Satisfaction || America Institute of || Personal injury attorneys
  • Lead Counsel | LC | Rated10 best || 2017 || Attorneys || Client Satisfaction || America Institute of || Personal injury attorneys
  • Expert Network | DISTINGUISHED LAWYER | Jed Kurzban
  • Dbr - Verdicts & Settlements - Kurzban Kurzban Tetzeli & Pratt P.A.
  • 2018 | Top 5 | Litigation Attorneys
  • April 22,2018 - Washington D.C | EB-5 Industry Achievement Banquet | A celebration of EB-5 Success
  • Immigrants' list
  • Top 10 | 2019 | Attorney And Practice Magazine's | Personal Injury Attorney
Email Us For A Response

Effective Litigation Strategies

Arrange a consultation with one of our lawyers by sending us an email or calling 786-401-4706.

Bold labels are required.

Contact Information
Marital Status
Employment Status
Do You Have Children?
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Coral Gables Office
131 Madeira Ave.
Coral Gables, FL 33134

Phone: 786-401-4706
Fax: 305-444-3503
Map & Directions

Jacksonville Office
10752 Deerwood Park Boulevard South
Suite 100
Jacksonville, FL 32256

Map & Directions

Jed Kurzban Of Counsel
1003 Bishop Street
Suite 1600
Pauahi Tower
Honolulu, HI 96813

Phone: 808-531-8031
Map & Directions

MIAMI OFFICE JACKSONVILLE OFFICE HONOLULU OFFICE