Big-Name G.O.P. Donors Urge Members of Congress to Back Immigration Overhaul - NYTimes.com
A cross-section of Republican donors and fund-raisers signed the letter. They include Karl Rove, a deputy chief of staff in Mr. Bush’s White House; former Vice President Dan Quayle; Tom Stemberg, a founder of Staples; and Frank VanderSloot, the founder of Melaleuca Inc.
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Immigration Issues from Drew Law Office - 82 Palomino Lane #602 Bedford, NH 03110. (603) 644-3739 See our homepage www.drewpllc.com or www.immigrationblog.us for additional stories.
Immigration Newsletter
Tuesday, July 30, 2013
Tuesday, July 2, 2013
Implementation of the Supreme Court Ruling on the Defense of Marriage Act | Homeland Security
Implementation of the Supreme Court Ruling on the Defense of Marriage Act | Homeland Security
fromDHS.gov
fromDHS.gov
Statement from Secretary of Homeland Security Janet Napolitano:
“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
Frequently Asked Questions
Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?
A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of your marriage.
Q2: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?
A2: Yes, you can file the petition. In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward.
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