Same Sex Marriage Immigration is Here

Posted September 12, 2013

I-130 petitions for formerly excluded same-sex spouses are being accepted by USCIS and adjudications proceeding, with accompanying eligibility for adjustment of status or consular processing. per SCOTUS’s recent DOMA slapdown.  The State Department is working out rules for consular issuance of immigrant visas and fiance visas abroad.  For I-130 eligibility, marriage certificates must be issued from one of the 13+ issuing states ( http://www.freedomtomarry.org/states/) and domicile at filing should be within the 13+, though exceptions are reviewed for employment-based circumstances.  Conditional residence applies for those married less than two years as of date of admission as a permanent resident.  Naturalization eligibility flows three years later for couples that demonstrate bona fides.  Contact us for insight and assistance.  (415) 845-9122

In a surprise ruling that further empowers states’ rights to control immigration, U.S. District Judge Sharon Lovelace Blackburn left intact most provisions of a Alabama law that goes further than federal law in restricting access to public benefits and providing grounds for the arrest and detention of suspected illegal immigrants by local law enforcement officers.  A challenge to the recently-passed law was brought by the Department of Justice and a coalition of civil rights groups.  While striking down some provisions, such as the proposed restriction of access to public universities, Judge  Lovelace Blackburn upheld most other provisions, including making application for a driver’s license or vehicle registration by illegal immigrants a felony; requiring schools to check the immigration status of children; allowing for the arrest and detention of suspected illegal immigrants by local law enforcement; and nullifying private contracts (such as leases) knowingly entered into with illegal aliens.  This judicial development creates further conflict between the federal immigration system and increasingly assertive states’ rights, a growing schism likely headed to SCOTUS for resolution.  From The Huntsville Times.