g********d
发帖数: 4174 | 1 Same-Sex Marriages
Statement from Secretary of Homeland Security Janet Napolitano on July 1,
2013:
“After last week’s decision by the Supreme Court holding that Section 3 of
the Defense of Marriage Act (DOMA) is unconstitutional, President Obama
directed federal departments to ensure the decision and its implication for
federal benefits for same-sex legally married couples are implemented
swiftly and smoothly. To that end, effective immediately, I have directed U.
S. Citizenship and Immigration Services (USCIS) to review immigration visa
petitions filed on behalf of a same-sex spouse in the same manner as those
filed on behalf of an opposite-sex spouse.”
Frequently Asked Questions
Petitioning for my Spouse
Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage
to a foreign national. Can I now sponsor my spouse for a family-based
immigrant visa?
A1: Yes, you can file the petition. You may file a Form I-130 (and any
applicable accompanying application). Your eligibility to petition for your
spouse, and your spouse’s admissibility as an immigrant at the immigration
visa application or adjustment of status stage, will be determined according
to applicable immigration law and will not be automatically denied as a
result of the same-sex nature of your marriage.
Q2. I am a U.S. citizen who is engaged to be married to a foreign national
of the same sex. Can I file a fiancé or fiancée petition for him or her?
A2. Yes. You may file a Form I-129F. As long as all other immigration
requirements are met, a same-sex engagement may allow your fiancé to enter
the United States for marriage.
Q3: My spouse and I were married in a U.S. state that recognizes same-sex
marriage, but we live in a state that does not. Can I file an immigrant visa
petition for my spouse?
A3: Yes, you can file the petition. In evaluating the petition, as a general
matter, USCIS looks to the law of the place where the marriage took place
when determining whether it is valid for immigration law purposes. That
general rule is subject to some limited exceptions under which federal
immigration agencies historically have considered the law of the state of
residence in addition to the law of the state of celebration of the marriage
. Whether those exceptions apply may depend on individual, fact-specific
circumstances. If necessary, we may provide further guidance on this
question going forward.
Applying for Benefits
New Applications and Petitions:
Q4. Do I have to wait until USCIS issues new regulations, guidance or forms
to apply for benefits based upon the Supreme Court decision in Windsor?
A4. No. You may apply right away for benefits for which you believe you
are eligible.
Previously Submitted Applications and Petitions:
Q5. My Form I-130, or other petition or application, was previously denied
solely because of DOMA. What should I do?
A5. USCIS will reopen those petitions or applications that were denied
solely because of DOMA section 3. If such a case is known to us or brought
to our attention, USCIS will reconsider its prior decision, as well as
reopen associated applications to the extent they were also denied as a
result of the denial of the Form I-130 (such as concurrently filed Forms I-
485).
USCIS will make a concerted effort to identify denials of I-130
petitions that occurred on the basis of DOMA section 3 after February 23,
2011. USCIS will also make a concerted effort to notify you (the petitioner
), at your last known address, of the reopening and request updated
information in support of your petition.
To alert USCIS of an I-130 petition that you believe falls within this
category, USCIS recommends that you send an e-mail from an account that can
receive replies to USCIS at U*******[email protected] stating that you have a
pending petition. USCIS will reply to that message with follow-up questions
as necessary to update your petition for processing. (DHS has sought to
keep track of DOMA denials that occurred after the President determined not
to defend Section 3 of DOMA on February 23, 2011, although to ensure that
DHS is aware of your denial, please feel free to alert USCIS if you believe
your application falls within this category.)
For denials of I-130 petitions that occurred prior to February 23, 2011,
you must notify USCIS by March 31, 2014, in order for USCIS to act on its
own to reopen your I-130 petition. Please notify USCIS by sending an e-mail
to USCIS at U*******[email protected] and noting that you believe that your
petition was denied on the basis of DOMA section 3.
Once your I-130 petition is reopened, it will be considered anew—without
regard to DOMA section 3—based upon the information previously submitted
and any new information provided. USCIS will also concurrently reopen
associated applications as may be necessary to the extent they also were
denied as a result of the denial of the I-130 petition (such as concurrently
filed Form I-485 applications).
Additionally, if your work authorization was denied or revoked based upon
the denial of the Form I-485, the denial or revocation will be concurrently
reconsidered, and a new Employment Authorization Document issued, to the
extent necessary. If a decision cannot be rendered immediately on a
reopened adjustment of status application, USCIS will either (1) immediately
process any pending or denied application for employment authorization or (
2) reopen and approve any previously revoked application for employment
authorization. If USCIS has already obtained the applicant’s biometric
information at an Application Support Center (ASC), a new Employment
Authorization Document (EAD) will be produced and delivered without any
further action by the applicant. In cases where USCIS has not yet obtained
the required biometric information, the applicant will be scheduled for an
ASC appointment.
If another type of petition or application (other than an I-130 petition
or associated application) was denied based solely upon DOMA section 3,
please notify USCIS by March 31, 2014, by sending an e-mail to USCIS at
U*******[email protected] as directed above. USCIS will promptly consider
whether reopening of that petition or application is appropriate under the
law and the circumstances presented.
No fee will be required to request USCIS to consider reopening your petition
or application pursuant to this procedure. In the alternative to this
procedure, you may file a new petition or application to the extent provided
by law and according to the form instructions including payment of
applicable fees as directed.
Changes in Eligibility Based on Same-Sex Marriage
Q6. What about immigration benefits other than for immediate relatives,
family-preference immigrants, and fiancés or fiancées? In cases where the
immigration laws condition the benefit on the existence of a “marriage”
or on one’s status as a “spouse,” will same-sex marriages qualify as
marriages for purposes of these benefits?
A6. Yes. Under the U.S. immigration laws, eligibility for a wide range of
benefits depends on the meanings of the terms “marriage” or “spouse.”
Examples include (but are not limited to) an alien who seeks to qualify as a
spouse accompanying or following to join a family-sponsored immigrant, an
employment-based immigrant, certain subcategories of nonimmigrants, or an
alien who has been granted refugee status or asylum. In all of these cases,
a same-sex marriage will be treated exactly the same as an opposite-sex
marriage.
Q7. If I am seeking admission under a program that requires me to be a “
child,” a “son or daughter,” a “parent,” or a “brother or sister” of
a U.S. citizen or of a lawful permanent resident, could a same-sex marriage
affect my eligibility?
A7. There are some situations in which either the individual’s own marriage
, or that of his or her parents, can affect whether the individual will
qualify as a “child,” a “son or daughter,” a “parent,” or a “brother
or sister” of a U.S. citizen or of a lawful permanent resident. In these
cases, same-sex marriages will be treated exactly the same as opposite-sex
marriages.
Residency Requirements
Q8. Can same-sex marriages, like opposite-sex marriages, reduce the
residence period required for naturalization?
A8. Yes. As a general matter, naturalization requires five years of
residence in the United States following admission as a lawful permanent
resident. But, according to the immigration laws, naturalization is
available after a required residence period of three years, if during that
three year period you have been living in “marital union” with a U.S.
citizen “spouse” and your spouse has been a United States citizen. For
this purpose, same-sex marriages will be treated exactly the same as
opposite-sex marriages.
Inadmissibility Waivers
Q9. I know that the immigration laws allow discretionary waivers of certain
inadmissibility grounds under certain circumstances. For some of those
waivers, the person has to be the “spouse” or other family member of a U.S
. citizen or of a lawful permanent resident. In cases where the required
family relationship depends on whether the individual or the individual’s
parents meet the definition of “spouse,” will same-sex marriages count for
that purpose?
A9.Yes. Whenever the immigration laws condition eligibility for a waiver
on the existence of a “marriage” or status as a “spouse,” same-sex
marriages will be treated exactly the same as opposite-sex marriages. | n********a
发帖数: 49 | 2 Thanks for the info.
Looks like my baby is qualified to apply for the H4 VISA. | k*****e
发帖数: 1235 | 3 最关键点：Q3!
只要在同婚合法州结了婚，在不合法的州居住也可以申请签证、绿卡等等！
不管住在哪里，只要来一次旅行结婚就可以了，全美国都是解放区！
解放区的天，是明朗的天！解放区的LGBT好喜欢！ | g********d
发帖数: 4174 | 4 Exactly!
还记得一两年前墨西哥的类似判决，当时好羡慕。
【在 k*****e 的大作中提到】
: 最关键点：Q3!
: 只要在同婚合法州结了婚，在不合法的州居住也可以申请签证、绿卡等等！
: 不管住在哪里，只要来一次旅行结婚就可以了，全美国都是解放区！
: 解放区的天，是明朗的天！解放区的LGBT好喜欢！
|
|
