Category Archives: Immigration News

DOMA is Unconstitutional: What does that mean for same sex couples and U.S. citizens who wish to sponsor their spouse?

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The Supreme Court’s decision in United States v. Windsor (decided June 26, 2013) requires the federal government to recognize marriages in states that allow the unions and that means also giving those couples the rights endowed to straight married couples.

One of those federal rights is the privilege to sponsor a spouse for a green card. USCIS Director Alejandro Mayorkas indicated today at the AILA Annual Conference that since February 2011, when the Administration opined on the unconstitutionality of DOMA, USCIS has kept a list of all I-130 petitions filed by same-sex binational couples that were denied, and is now prepared to act accordingly.

USCIS will now consider I-130 spousal petitions filed by U.S. citizen petitioners who are in a same-sex marriage that is recognized as lawful in the state or country in which the couple wed.

 

Statement by Secretary of Homeland Security Janet Napolitano on the Supreme Court Ruling on the Defense of Marriage Act

Matter of Silva-Trevino OVERRULED!

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GREAT NEWS TODAY!!!

The Ninth Circuit Court of Appeals released its decision in Olivas-Motta v. Holder, – F.3d – (9th Cir. May 17, 2013) which OVERRULES Matter of Silva-Trevino, 24 I&N Dec. 687 (AG 2008).

In Matter of Silva-Trevino, the Attorney General held that if the record of conviction is inconclusive on the issue of whether a conviction is for a crime involving moral turpitude, the immigration judge could consider evidence that was not part of the record and could conduct a fact-based hearing on the actual conduct underlying the offense to determine if the conduct involved moral turpitude.

Today, the Ninth Circuit held that the immigration judge is limited to the reviewable record of conviction when determining whether a conviction is a crime involving moral turpitude and may not consider evidence outside the record of conviction, including police reports, presentence reports, probation reports, dropped charges, etc.

Kudos to attorney Kara Hartzler for the exceptional legal work she dedicated to this case to obtain this victory for her client and for the many, many immigrants who will benefits from this decision.

Read the Court’s decision here: Olivas-Motta v. Holder, – F.3d – (9th Cir. May 17, 2013).