Jump to content
Sign in to follow this  
unlockingsky

Board of Immigration Appeals rejects ‘DOMA denials’ for binational same sex couples

2 posts in this topic

Recommended Posts

http://www.rawstory.com/rs/2012/06/19/board-of-immigration-appeals-rejects-doma-denials-for-binational-same-sex-couples/

The Board of Immigration Appeals has rejected the U.S. Citizenship and Immigration Services’ denial of four green cards for married gay and lesbian binational couples.

The rejection means that the USCIS must complete a full fact-finding investigation to determine whether the foreign spouses qualify for a green card under the Immigration & Nationality Act.

“The BIA is essentially forcing the immigration service to undertake full adjudication and to produce a complete fact-finding for each couple to determine the bona fides of the marriage, rather than simply deny them perfunctorily because they’re gay or lesbian couples,” Lavi Soloway of Stop the Deportations told Metro Weekly. Soloway is the the attorney for all four couples.

Binational same sex couples are not entitled to the same immigration rights as opposite sex couples because of DOMA, which prohibits the federal government from recognizing same sex marriages. The law is currently facing a number of legal challenges, which are expected to eventually be considered by the U.S. Supreme Court.

“Once U.S. [Citizenship and Immigration Services, which is within the Department of Homeland Security] has done all that fact-finding, they’re essentially setting the stage for being able to approve the petitions in a post-DOMA universe. They’re providing everything that one would need to know to approve those petitions if the Defense of Marriage Act did not exist … and that’s not typically the role of the Board of Immigration Appeals.”

Immigration Equality estimates that there are over 35,000 such couples in the United States and that, between them, they are raising 25,000 children.

The Obama administration has declined to defend DOMA, but the U.S. government is still defending the law thanks to Republicans in Congress.

After Obama directed the Department of Justice to no longer the law, the House Bipartisan Legal Advisory Group (BLAG) voted along party lines to direct the House General Counsel to appointed an attorney to represent the government in the case. The five-member advisory group has the authority to instruct the non-partisan office of the House General Counsel to take legal action on behalf of the House.

With prior reporting by Megan Carpentier


"Family time is very precious and you should cherish every moment of it."

01/20/12 - I-130 sent to Chicago Lockbox.

01/26/12 - NOA1 received and processing at Vermont.

06/28/12 - NOA2 announced on status check.

06/29/12 - NVC received case learned on 07/2/12.

06/30/12 - Hard copy NOA2 received.

07/09/12 - NVC Casefile Number and IIN Issued.

07/16/12 - Receive and Sent DS-3032 via email.

07/17/12 - Mailed DS-3032 via mail, AOS bill received via email, paid online, Optin email sent.

07/18/12 - Optin accepted and new case number, AOS marked paid, emailed AOS packet.

07/24/12 - Assigned as Agent, IV Fee bill received via email, paid online.

07/25/12 - IV Fee marked paid, emailed IV packet.

07/31/12 - Emailed GZO Supplemental Packet 3.

08/02/12 - Case completed and commenced final review.

08/03/12 - Shipped all copies of forms/letters/documents to my wife - arriving on 8/9/12.

08/06/12 - Case completed final review.

08/09/12 - Appointment letter received via email interview date set 9/6/12.

08/14/12 - Medical exam done.

08/15/12 - Medical exam results all normal.

09/06/12 - Submitted required documents at the embassy and interview set next day at 0730.

09/07/12 - Visa approved, click here for review http://www.visajourney.com/reviews/view-dos-cis-reviews.php?entry=10401 .

09/14/12 - Visa received on hand!

10/07/12 - Arrived at NYC! click here for review http://www.visajourney.com/reviews/view-poe-reviews.php?entry=15293

10/20/12 - Received welcome letter from USCIS.

10/25/12 - Green Card received!

"Nothing is more difficult than the art of maneuvering for advantageous positions." - Sun-Tzu

04/27/13 - Submitted DS-160 online for parent-in-laws and sister-in-law.

05/01/13 - Paid DS-160 or MRV Fee Payments on CGI Stanley.

05/03/13 - Made appointment for 05/16/13 on CGI Stanley.

05/16/13 - Arrived at GUZ and impromptu notice on the front it was closed.

05/30/13 - B2 visa interview passed! Read review here http://www.visajourney.com/forums/topic/433263-b2-visa-was-approved-for-parentinlaw/ <p>

"Good ideas are not adopted automatically. They must be driven into practice with courageous patience." - ADM Hyman G. Rickover

08/08/14 - Mailed I-175 application.

08/11/14 - I-175 arrived at VSC.

08/18/14 - Received NOA1 with date 08/12/14.

08/27/14 - Received biometrics appointment for 09/09/14.

02/27/15 - GC in production from email notification.

03/02/15 - Received NOA2 with approval dated 02/25/15.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×