Visa Guidelines for Same-Sex Couples

Today, the State Department hosted an online discussion through Google+ Hangout about visa processing for same-sex couples.  In case you missed it, here’s a recorded video of the Hangout.

#immigrationupdates   #DOMA

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First Derivative Visa Issued to Same-Sex Spouse in Amsterdam

U.S. Consulate General in Amsterdam issues its first L-2 (Derivative) visa to same-sex spouse following the repeal of #DOMA.

"This is the first derivative visa we have had the privilege of issuing to the same-sex spouse of a visa applicant in Amsterdam after the U.S. Supreme Court repeal of the Defense of Marriage Act," remarked Consul General Berry. "We are excited to have the opportunity to reunite families that are immigrating, or in this case, help keep families together that are going to work in the United States.""

#immigrationupdates  

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State Department Issues Visa Guidance Post DOMA

DOS finally releases post DOMA guidance for nonimmigrant and immigrant visa applicants through FAQs.

"Effective immediately, U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses.   This means that the same sex spouse of a visa applicant coming to the U.S. for any purpose – including work, study, international exchange or as a legal immigrant – will be eligible for a derivative visa.  Likewise, stepchildren acquired through same sex marriages can also qualify as beneficiaries or for derivative status."

The guidance also includes information on how the Supreme Court decision affects same-sex spouses in terms of derivative applications for nonimmigrant and immigrant visas, fiance nonimmigrant visa applications (for same sex partners) and more.

Furthermore, the State Department also issued a cable guidance for posts, which includes the following:

"The Visa Office (VO) deleted 9 FAM 40.1 N1.1 (a), which limited the word "marriage" for immigration purposes to mean "only a legal union between one man and one woman as husband and wife," and the word "spouse" to mean only "a person of the opposite sex who is a husband or a wife." A same-sex marriage is now valid for immigration purposes, as long as the marriage is recognized in the "place of celebration." A same-sex marriage is valid for immigration purposes even if the couple intends ultimately to reside in one of the 37 states that do not recognize same-sex marriages. The same-sex marriage is valid even if the applicant is applying in a country in which same-sex marriage is illegal." 

A copy of the cable is available here: http://travel.state.gov/pdf/Next_Steps_On_DOMA_Guidance_For_Posts_August_2013.pdf

#immigrationupdates   #DOMA  

U.S. Visas for Same-Sex Spouses
FAQs for Post-Defense of Marriage Act. Q: How does the Supreme Court’s Windsor v. United States decision impact immigration law? A: The Supreme Court has found section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Effective immediately, U.S. embassies and consulates will adjudicate …

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USCIS Issues Additional DOMA FAQ's

The U.S. Citizenship and Immigration Services (USCIS), publishes its Same-Sex Marriages web page, which details more information about the implementation of the U.S. Supreme Court's #DOMA ruling. New information also confirms that applicants, who believe that they are eligible, may apply for immigration benefits right away.  They do not need wait until USCIS issues new regulations, guidance or forms.

#immigrationupdates

USCIS – 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 …

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New System for U.S. Embassy & Consulates in Saudi Arabia

"Beginning August 16, 2013, the U.S. Embassy in Riyadh and U.S. Consulates General in Dhahran and Jeddah will switch to a new online system for obtaining visa information, scheduling visa applications and collecting application fees.  August 6, 2013 will be the last day to schedule appointments through the current system, called Visapoint.  All applicants wishing to schedule and pay for visa appointments on or before August 6 using Visapoint must ensure that both scheduling and payment are completed on or before August 6, 2013, the date that system will go offline.  All applicants seeking interviews after August 6 must use a new system once activated.  Furthermore, applicants should not pay before August 6 for a visa appointment after August 6."

#immigrationupdates   #travelupdates  

Embedded Link

U.S. Embassy and Consulates in Saudi Arabia to Switch to New Online Visa Appointment System (July 10,2013) | Consulate General of the United States Dhahran, Saudi Arabia
U.S. Embassy and Consulates in Saudi Arabia to Switch to New Online Visa Appointment System (July 10, 2013). Riyadh, Saudi Arabia, U.S. Embassy, July 10, 2013. Beginning August 16, 2013, the U.S. Embassy in Riyadh and U.S. Consulates General in Dhahran and Jeddah will switch to a new online …

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CBP Update for Border Crossers in New Mexico

"Border Crossing Card holders can now travel up to 55 miles from the border without obtaining a Form I-94 Arrival/Departure Record."

#immigrationupdates   #travelupdates  

Border Crossers in New Mexico Can Now Travel Further Without I-94 – CBP.gov
see also: right arrow, in National News Releases: U.S., Canada Begin Phase II of Entry/Exit Project · CBP Reminds Fourth of July, Canada Day Travelers What to ‘Know Before You Go’ · New CPSC Data Shows 60% of All Fireworks Injuries Occur Around July 4th …

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Updated Data on Deferred Action for Childhood Arrivals

It has been almost a year since the U.S. Citizenship and Immigration Services (USCIS) started accepting applications for Deferred Action for Childhood Arrivals (DACA) program. This latest chart shows that as of June 2013, USCIS has received 537,662 DACA applications, approximately 75% of which has been approved. The chart also indicates that the top applicant nationality is Mexico, followed by El Salvador as a distant second. 

#immigrationupdates   #DACA  

Embedded Link

www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/DACA/daca-13-7-12.pdf

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Big Updates from the August 2013 Visa Bulletin

The latest Visa Bulletin released by the State Department brings good news for spouses and children of permanent residents and some EB-2 Indian nationals.

Originally shared by +Loke Walsh Immigration Law

August 2013 Visa Bulletin Is Out – With BIG Developments!

The State Department released the August 2013 Visa Bulletin with some great news!

If you're an Indian national with an I-140 priority date of January 1, 2008 or earlier, you can apply for an immigrant visa (or adjust your status if in the U.S.) beginning August 1, 2013.

After 10 months of no movement, EB-2 INDIA priority date jumps 3 years and 4 months – from September 1, 2004 to January 1, 2008. However, other than EB-2 INDIA and EB-3 PHILIPPINES, which made a two-week movement, the rest of the employment-based priority dates were frozen.

India Second: This cut-off date has been advanced in an effort to fully utilize the numbers available under the overall Employment Second preference annual limit. It is expected that such movement will generate a significant amount of new India demand during the coming months.

The other great news goes to spouses and children of permanent residents. The August 2013 Visa Bulletin reflects "C" (which stands for "Current") for the F2A category, which means that there's no more waiting time for spouses and children (below 21 years old) of permanent residents. What used to be a few years of wait is now down to zero. Beginning August 1, 2013, family members who have been waiting for their priority dates can apply for an immigrant visa. This also means that beginning August 1, 2013, permanent residents (green card holders) may file an I-130 immigrant petition concurrently with an I-485 adjustment of status application (if eligible) on behalf of their family members who are now in the United States.

F2A: This category has become “Current” for August, and is expected to remain so for the next several months. This action has been taken in an effort to generate an increased level of demand. Despite the fact that there are large amounts of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers.

These changes for the Family F2A, and India Employment Second preference categories reflect actions which have been taken based on current applicant demand patterns. Readers should expect that some type of “corrective” action will be required at some point during FY-2014 in an effort to maintain number use within the applicable annual limits. Such action would involve the establishment and retrogression of such cut-off dates, and could occur at any time.

#immigrationupdates

 


 

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August 2013 Visa Bulletin Is Out – With BIG Developments!

The State Department released the August 2013 Visa Bulletin with some great news!

If you're an Indian national with an I-140 priority date of January 1, 2008 or earlier, you can apply for an immigrant visa (or adjust your status if in the U.S.) beginning August 1, 2013.

After 10 months of no movement, EB-2 INDIA priority date jumps 3 years and 4 months – from September 1, 2004 to January 1, 2008. However, other than EB-2 INDIA and EB-3 PHILIPPINES, which made a two-week movement, the rest of the employment-based priority dates were frozen.

India Second:  This cut-off date has been advanced in an effort to fully utilize the numbers available under the overall Employment Second preference annual limit. It is expected that such movement will generate a significant amount of new India demand during the coming months.

The other great news goes to spouses and children of permanent residents. The August 2013 Visa Bulletin reflects "C" (which stands for "Current") for the F2A category, which means that there's no more waiting time for spouses and children (below 21 years old) of permanent residents. What used to be a few years of wait is now down to zero. Beginning August 1, 2013, family members who have been waiting for their priority dates can apply for an immigrant visa. This also means that beginning August 1, 2013, permanent residents (green card holders) may file an I-130 immigrant petition concurrently with an I-485 adjustment of status application (if eligible) on behalf of their family members who are now in the United States. 

F2A: This category has become “Current” for August, and is expected to remain so for the next several months.  This action has been taken in an effort to generate an increased level of demand.  Despite the fact that there are large amounts of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers.

These changes for the Family F2A, and India Employment Second preference categories reflect actions which have been taken based on current applicant demand patterns.  Readers should expect that some type of “corrective” action will be required at some point during FY-2014 in an effort to maintain number use within the applicable annual limits.  Such action would involve the establishment and retrogression of such cut-off dates, and could occur at any time.

#immigrationupdates  

Visa Bulletin For August 2013
View as Printer Friendly PDF. A. STATUTORY NUMBERS. 1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and …

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U.S. Embassy in Cairo Closed on Wednesday, July 10

Due to ongoing public demonstrations, the U.S. Embassy in Cairo will be closed to the public and all consular services will be suspended on Wednesday, July 10, 2013.

On Wednesday, July 10, the U.S. Embassy will be closed to the public and regular consular services are suspended for the day. If you had an appointment for American Citizens Services on that day, please reschedule your appointment. If you need an emergency service, please contact the Embassy at 2797-3300.

The possibility of protests in vicinity of the Embassy continues.  Please do not travel to the Embassy unless you receive specific instructions from the Embassy to do so. 

#immigrationupdates   #travelupdates   #travel  

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Messages for U.S. Citizens | Embassy of the United States
Security Message for U.S. Citizens No. 57: Embassy Closed on Wednesday, July 10. July 9, 2013. On Wednesday, July 10, the U.S. Embassy will be closed to the public and regular consular services are suspended for the day. If you had an appointment for American Citizens Services on that day, …

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