Department of State Issues Guidance for Consular Posts after Windsor Decision

The Department of State recently issued guidance to its consular posts (U.S. consulates and embassies) following the Supreme Court’s decision in Windsor striking down section 3 of the Defense of Marriage Act (DOMA).  The following is a list of highlights from the guideline:

·         Visa applications filed by a same-sex spouse will be reviewed in the same manner as those filed by an opposite-sex spouse. 

·         A same-sex marriage is now valid for immigration purposes as long as the marriage is recognized in the “place of celebration.”  The same-sex marriage is valid even if the couple resides in a state that does not recognize same-sex marriage. 

·         The same-sex marriage is valid even if the applicant is applying in a country in which same-sex marriage is illegal.

·         Same-sex spouses and their children are now equally eligible for non-immigrant visa (NIV) derivative visas. 

·         A spouse of a U.S. Citizen or Lawful Permanent Resident may apply for an immigrant visa (so long as the priority date is current) after USCIS approves the I-130.  The place of celebration will determine whether the marriage is legally valid, not the applicants’ place of domicile.

·         Fiancé(e) visas are now available for same-sex partners of U.S. Citizens.

·         Diversity Visa applicants (green-card lottery) may now include same-sex spouses in their initial entry or add a spouse acquired after the initial registration.  For DV 2013 and DV 2014, same-sex couples will not be automatically disqualified for not including their same-sex spouse on their original entry.

Interestingly, the Department of State guidance asks consular sections to identify what types of marriage are available for same-sex couples in-country and update the reciprocity tables, pursuant to 9 FAM 41.105.  This leaves open the question of whether civil unions or other forms of legally recognized same-sex partnerships will be recognized as “marriage” for immigration purposes.  We will keep you posted on this.

The Department of State guidance can be found here and more user-friendly FAQs here.

The Potential for Post-Election Immigration Reform

An editorial published today by Bloomberg  highlighted that support for immigration reform is inevitable now that President Obama has been re-elected. The editorial stated that Latinos, known to be a socially conservative demographic, comprised 10 percent of the total vote, giving "Obama almost three votes for every one earned by Romney." 

President Obama campaigned on immigration reform that would address the nearly 11 million illegal immigrants in the US. Republican Speaker John Boehner has stated that he is "confident that the president, myself, other can find the common ground to take care of this issue once and for all." 

The editorial further noted that: "Standard & Poor’s has found that cities with high immigration levels show improvements in credit ratings, tax bases and per-capita incomes. High-skills immigrants, meanwhile, not only increase productivity but also generate jobs."

For representation on immigration issues, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.

New System In Place for Non-Immigrant Visas for Residents of Iran

The American Immigration Lawyers Association has sent a press alert about the new appointment system for non-immigrant visas for residents of Iran.

Iranians need to make an appointment and may do so on their own, without the use of a travel agent. Appointment dates are made every other Wednesday at the U.S. Consulate General in Dubai (http://dubai.consulate.gov/). Appointments are limited - planning ahead and accordingly is encouraged greatly.

To schedule an appointment for residents of Iran:

1) Call the VIS at +1-703-439-2322. Farsi and English speaking agents are available.

2) Provide your international credit card information as there will be a USD $20 appointment fee. Appointments for up to 5 immediate family members can be made at one time with one appointment fee.

3) A date change for an interview can be made, however, individuals cannot change the name or passport number of the appointment.

Interviews for Iranians seeking non-immigrant visas are conducted at the U.S. Consulate General in Dubai only. Iranian immigrant visas are subsequently processed at the U.S. Embassy in Abu Dhabi.

Iranians looking to make appointments based on emergencies and urgent medical treatment should send an email to DubaiVisaMedical @state.gov and individuals will be required to submit documentation showing the urgency of the situation in the email.

For more information, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.   

New Fees for Visa Services

The US Department of State has revised its fees for visa services, effective April 13, 2012. Click here for more information.  


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters. 

Glickman Turley LLP Wins 3/10 Year-Bar Waiver Application

Glickman Turley successfully represented a client on an adjustment of status application that required a waiver of removability because the client had been unlawfully present in the U.S. for over a year and then left the U.S. Based on her marriage to a U.S. citizen with whom she has a U.S. citizen child, our client applied for an immigrant visa at her Caribbean country's U.S. Embassy. She was erroneously granted an immigrant visa only to be found inadmissible at the port of entry. After a two year struggle with DHS that included the adjustment application, removal proceedings, and a successful motion to terminate, our client was granted permanent resident status. She is eager to continue her life in the U.S., working as a stylist, caring for her family here, and planning a trip to visit her parents in her home country.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.  

DHS Announced Initiatives For Highly Skilled Immigrants in the United States

The Department of Homeland Security announced a set of initiatives designed to attract and retain highly skilled immigrants in the United States. The Obama Administration has expressed that these immigration reforms will encourage further job creation as the country continues its economic recovery in the future. The President's Council on Jobs and Competitiveness released a report that said, "Highly skilled immigrants create jobs, they don't take jobs."

President Obama stated in his State of the Union address that keeping highly skilled immigrants in the United States will help boost the nation's competitiveness in an ever-changing world economy. His administration supports legislation such as "creating a 'Startup Visa,' strengthening the H-1B program, and 'stapling' green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields."

To read more on the Department of Homeland Security's future administrative reforms for highly skilled immigrants and foreign entrepreneurs, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

New Immigration Proposal for Undocumented Immigrants

The Wall Street Journal reported that the Obama administration has proposed a rule that would permit certain undocumented immigrants to remain in the United States while they apply for hardship waivers.

The law currently forces illegal immigrants who wish to apply for green cards to return to their home countries before they can apply for legal status. Once the individual leaves the United States, he or she is barred from returning for at least 3 to 10 years, leaving many families separated for long periods of time.

Under the new proposal, an undocumented immigrants would be able to apply for a provisional waiver while they are still in the United States. Obtaining the waiver will reduce the amount of time an undocumented immigrant must remain abroad in his or her home country while applying for a visa. No action is needed by Congress to enact the rule as "President Obama is making greater use of executive power to overcome congressional resistance to his policy goals," according to a report by the LA Times.

The WSJ interviewed Nancy Kuznetsov, vice president of American Families United, who said "[the proposal] is a wonderful humane change." The article noted that the proposal will likely garner praise from the Latino community, a key constituency in the upcoming 2012 election.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.