Department of Homeland Security to Issue Written Guidance for LGBT Couples and Prosecutorial Discretion
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Last week, the non-profit Immigration Equality reported that the Department of Homeland Security will issue written guidelines that will, for the first time, expressly recognize officers and field agents to recognize LGBT families when considering certain forms of relief.
The directive essentially applies to requests for prosecutorial discretion for those in Immigration Court or otherwise under jurisdiction of Immigration and Customs Enforcement (ICE). This directive does NOT affect the Defense of Marriage Act, which remains the law. So this directive does NOT mean that foreign nationals with same-sex spouses can now apply for and be granted legal permanent residence (also known as a “green card”).
If you want to know how this directive might or might not help you, you must speak with a qualified immigration attorney BEFORE making any requests for assistance or status with the Department of Homeland Security since there is always a risk of deportation.
Attorney Stephanie Morales discusses deferred action for DREAMers on KFAI.
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Bortel Firm Associate Stephanie Morales appeared on the radio program La Voz del Pueblo on KFAI in Minneapolis on July 8, 2012. She discussed the Obama administration’s recent announcement granting deferred action to qualified youth. The program discussed who qualifies, the process, risks of applying, as well as the importance of seeking legal advice from licensed immigration attorneys and not people who are not licensed to practice law, like notarios.
You can listen to the program in Spanish here and select the program from July 8, 2012.
If you have any questions about whether you qualify for deferred action, you should seek advice from a licensed immigration attorney before applying because there is always a risk of deportation when applying for immigration benefits.
Victory for Same-Sex married couples at the Board of Immigration Appeals!
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In amazing news, the Board of Immigration Appeals (BIA) sent the cases of 4 same-sex married couples back down to the agency and ordered that US Citizenship and Immigration Services (USCIS) make a thorough inquiry into the legality of the marriages for the purpose of obtaining legal permanent residence. This is an amazing break through, especially since the BIA ordered USCIS to look at whether they are valid marriages, notwithstanding the Defense of Marriage Act (DOMA). You can read more about the cases here.
Please keep in mind that the legality of same-sex marriages is far from settled. The fact that the BIA sent these cases back down does NOT guarantee that these couples or other couples like them will actually receive legal permanent residence. Although DOMA is being challenged and increasingly found unconstitutional by courts all over the country, it is still the law.
If you have any questions about your specific situation, you must consult with a competent immigration attorney familiar with these issues before filing any papers. There is always a risk of deportation from the United States when you ask for something from USCIS.
Hats off to my colleagues Lavi Soloway and Noemi Masliah, who are handling the cases!
Obama Administration grants temporary reprieve for young immigrants facing deportation.
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The New York Times has reported that the Obama Administration will grant temporary relief to some young immigrants at-risk or or facing deportation. The report says that the administration may grant young people who are low priorities for deportation deferred action. This would allow them to stay here and work legally during the time they had that status.
It is important to note that this is not an “amnesty.” It only provides temporary relief. This policy does not provide for any path to stay in the United States permanently by receiving legal permanent residence (or a “green car”) or to become a U.S. citizen.
USCIS has posted a list of commonly asked questions here.
If you are wondering if this new directive applies to you or someone you know, please contact an immigration lawyer to discuss your case before you approach US Citizenship and Immigration Services or US Immigration and Customs Enforcement for help. There is always a risk of deportation from the United States when you ask for an immigration benefit.
