The U.S. Department of State (“DOS”) has now issued FAQs for handling of same-sex spouses in both the immigrant (green card) and nonimmigrant (temporary visa) categories, following the Supreme Court’s finding, in Windsor v. United States, that Section 3 of the Defense of Marriage Act is unconstitutional. Effective immediately, DOS will treat same-sex spouses
Same-Sex
ICE Defines Same-Sex “Family Relationships” For Purposes Of Exercising Prosecutorial Discretion
By Suzan Kern on
On October 5, 2012, U.S. Immigration and Customs Enforcement (“ICE”) issued additional criteria for determining when individuals who are in committed, long-term, same-sex partnerships may avoid removal (i.e., deportation) from the United States. According to the memorandum, the following factors are relevant (though not sufficient) in exercising favorable prosecutorial discretion:
- The partners are each
…