Wednesday, July 24, 2013

Priority Dates for Spouses and Children of Permanent Residents Current in August

Contributed by Melanie Corrin, Senior Attorney

The United States Department of State has issued the August Visa Bulletin. The Family Based 2A (spouses and unmarried children under the age of 21 of Lawful Permanent Residents) will be current as of August 1, 2013, and many experts are expecting this category to remain current for 2-3 months. After that time frame, there will most likely be a retrogression, with an expectation of returning to the current priority date backlog of about two years.

The most imperative aspect of this will be filings for children under the age of 21; this will give a large number of individuals the ability to "lock-in" and maintain their F-2A status, rather than age out and change to a different category and potentially languish. This is one of the requirements of the Child Status Protection Act (CSPA).  It is imperative for children who are under the age of 21, and who have a lawful permanent resident parent, to seek the advice of counsel regarding filing so as to not lose their opportunities under the CSPA.

Additionally, there could be major consequences if the parent naturalizes after the child turns 21, if they did not take advantage of the CSPA now.

Before filing for adjustment of status it is important that you consult with an immigration attorney to make sure that you qualify to adjust your status.  The fact that your visa is current and you can now immigrate does not necessarily mean that you have the ability to do it within the United States and it is possible that you might have to travel abroad to obtain the immigrant visa.  Our attorneys can guide you as to which options are available to you.

If you believe you may be affected by this recent announcement, please contact one of the attorneys at the Joseph Law Firm to discuss your options.

Thursday, July 18, 2013

Board of Immigration Appeals Publishes Decision in Wake of Supreme Court Striking Down DOMA

Contributed by Aaron Hall, Senior Attorney

 Less than a month after the U.S. Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) in United States v. Windsor, the Board of Immigration Appeals (BIA) has published a decision recognizing that DOMA can no longer be used to deny immigration petitions for same sex married couples.

The BIA case, Matter of Zeleniak, which came down on July 17, 2013, states that as long as the marriage is legal in the place where it was celebrated, it can be the basis for immigration benefits.  Moreover, the decision clearly states that same sex marriages will be valid in other immigration contexts, including fiancĂ© visas, immigrant visa petitions, refugee and asylee derivative status, inadmissibility and waivers of inadmissibility, removability and waivers of removability, cancellation of removal, and adjustment of status.

Matter of Zeleniak gives even greater assurance that the immigration agencies will immediately faithfully implement the Supreme Court’s decision in Windsor.

Same sex married couples can and should now be applying for and receiving immigration benefits.



Changes in Post-DOMA Immigration Cases Already Occurring



By Kim Tremblay, Associate Attorney

On June 26, 2013, the U.S. Supreme Court struck down section 3 of DOMA, which defined marriage between and man and a woman for the purpose of obtaining federal benefits.  Since then, things have been changing rapidly for same sex couples seeking immigration benefits.   USCIS has already granted permanent residency to some same sex spouses of U.S. citizens and has stated that it would look into reopening cases that were denied in the past. 

Joseph Law Firm is experiencing a surge in new cases for clients seeking post-DOMA immigration benefits and seeing action taken on cases that have already been filed.  In addition to their expertise in many types of immigration cases, the attorneys at Joseph Law Firm have experience in handling cases for individuals in the GLBT community.  Contact us today to schedule a consultation to determine whether you are eligible for immigration benefits given these recent developments.  We strongly encourage couples to file for benefits if they are eligible.