ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



< Back to current issue of Immigration Daily

Bloggings On Immigration Law And Policy

by Greg Siskind

TWO USCIS OFFICES ACCEPTING SAME SEX MARRIAGE GREEN CARD PETITIONS

Hat tip to a helpful reader for this very encouraging news being reported by Newsweek. Readers may remember my posting a story last month that the Obama Administration has decided not to defend the reprehensible Defense of Marriage Act in court (though not surprisingly, House Republicans have taken up doing that work). Sooner or later, however, DOMA is going to be struck down. In the mean time, two USCIS offices - Washington, DC and Baltimore, have announced that they are accepting adjustment of status green card petitions and putting them on hold pending the decision by the courts in various cases working their way presumably up to the Supreme Court. Legally married couples - either married in states making same sex marriages (not just civil unions) legal or in the growing number of foreign countries that recognize same sex marriages - can file adjustment petitions and presumably get travel and employment authorization benefits while final adjudication on their cases waits. Also, couples facing the deportation of a spouse will now have a strong argument to get the Immigration Judge to place their cases on hold, something most judges do pending the outcome of a marriage-based petition.

Now it will be intesting to see what happens next. USCIS spokesman Christopher Bentley told Newsweek: "We have not implemented any change in policy and intend to follow the president's directive to continue enforcing the law." Will headquarters reverse what the two forward-thinking USCIS District Directors have done? Will other USCIS districts follow their lead (particularly if HQ decides not to interfere)?

March 25, 2011