Immigration Attorney Notes Visa Updates From The DOS
Houston, TX (Law Firm Newswire) September 4, 2013 - The U.S. Department of State has issued visa updates to embassies around the world on how the U.S. is managing the immigration of same-sex couples.
The guidelines include the missive that, beginning immediately, consular officers are to begin reviewing the visa applications which have been filed by a same-sex spouse the same way they review visa applications filed by an opposite-sex spouse. Same-sex marriages are now considered valid for purposes of immigration.
"A same-sex marriage is considered valid for all immigration purposes, even if it is determined that the same-sex couple will eventually reside in one of the U.S. states which still does not legally recognize same-sex marriage," commented Houston immigration attorney Annie Banerjee.
If a couple has wed in one of the 13 U.S. states which recognizes legal same-sex marriage, that marriage is valid for immigration purposes, even in one of the 37 states where it is not yet legal. Also in the guidelines: the same-sex marriage is considered valid in cases where the applicant is applying, even if that country does not recognize same-sex marriage.
According to the Department of State (DOS), same-sex spouses and their children are also eligible if one spouse has an H-1B visa, known as a “derivative visa.” The other spouse can file to obtain an H-4 visa. Also, if a spouse has an L-2 visa, their partner may be eligible for an L-1 visa.
Any spouse of a citizen of the U.S. or the spouse of a lawfully permanent resident may also apply for an immigrant visa, once USCIS approves the I-130. Each embassy is tasked with determining if the marriage was legally valid.
Same-sex spouses as well as their qualifying children and stepchildren as dependants may qualify for family-preference categories and employment-based categories.
Legal U.S. citizens who have same-sex partners may have their partner come to the U.S to be legal. The immigrant may apply for the K-1 fiancé non-immigrant visa so that they may wed in the U.S. Though a same-sex partner may be in a country where same-sex marriage is not recognized, the partner may be brought to the U.S. on a "fiancée visa" and the wedding can take place on U.S. soil.
For any questions regarding these or other same-sex visa rights issues, contact a Houston immigration attorney.
Law Offices of Annie Banerjee
131 Brooks Street, Suite #300
Sugar Land, Texas 77478
Phone: (281) 242-9139
- DUI/DWI and Immigration
With Thanksgiving approaching, I hope you all stay safe and don’t drink and drive. But if you are a non immigrant (ie with say a H, E, an L or a TN visa) and you get caught (not convicted, just caught), you may receive a letter in the mail, cancelling your visa. But, you say, [...]
- How to handle the Department of State
Useful tips 1. Go dressed well for the interview 2. If you get a 221 G –con tact your attorney. Consulate decisions are final, and if you are denied, you will not be able to reenter 3. After you submit your answer for a 221G, please have patience. 4. The posts tell you to wait [...]
- Both parties can agree on Immigration Reform
My recommendation for the next President regarding Immigration Reform: 1 Unless the same party is in charge of the legislature and the executive, Comprehensive Immigration Reform is NOT going to happen. Reform Immigration piecemeal 2 Tackle Business Immigration first—-both Republicans and Democrats love this. Silicon Valley and fruit pickers jointly agree. Construction Companies and Chicken [...]