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
- Travel Ban II
The second travel ban executive order, expected to take effect today has been halted, by two federal courts in Hawaii and Maryland. Trump had recrafted the travel ban to exclude Permanent Residents and US Citizens, originally hailing from the seven countries. He has also halted the processing of refugees from those seven countries. Although the [...]
- No Premium Processing for H-1B
From April 3rd, 2017, the Citizenship and Immigration Service (CIS) will NOT accept any Premium Processing for H-1B. That means no new H-1Bs can be filed in premium. Due to the fact that most H-1Bs are filed in Premium these days, the CIS is really behind on ordinary H-1Bs. This suspension may last up to [...]
- Trump’s Immigration Enforcement
I do not do removals (Deportation) and thus I do not have any financial stake in Trump’s massive deportation project. I do not object to a President enforcing a law, whatever it is. My objections are entirely based upon my Centrist fiscal views. 1. By detaining individuals, we are simply feeding, clothing and paying all [...]