USCIS issued post-DOMA FAQ (转载)# LES - 同女之舞
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发信人: billk (章芽吴爪), 信区: Rainbow
标 题: USCIS issued post-DOMA FAQ
发信站: BBS 未名空间站 (Tue Jul 2 18:01:12 2013, 美东)
Link:
http://goo.gl/eosxh
Implementation of the Supreme Court Ruling on the Defense of Marriage Act
Statement from Secretary of Homeland Security Janet Napolitano:
“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
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: 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?
A2: 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.
发信人: billk (章芽吴爪), 信区: Rainbow
标 题: USCIS issued post-DOMA FAQ
发信站: BBS 未名空间站 (Tue Jul 2 18:01:12 2013, 美东)
Link:
http://goo.gl/eosxh
Implementation of the Supreme Court Ruling on the Defense of Marriage Act
Statement from Secretary of Homeland Security Janet Napolitano:
“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
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: 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?
A2: 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.