The US Department of State has issued a fact sheet containing critical information for US citizens considering the use of assisted reproductive technology (ART) abroad, the automatic transmission of US citizenship, passport issuance to minors and other important related issues. Among other things, the fact sheet notes that citizenship is not necessarily automatically transmitted in cases where Assisted Reproductive Technology (ART) has been used to conceive a child born outside of the United States. more »
On July 2, 2013, the Department of Homeland Security (DHS) issued some initial guidance regarding same-sex immigration benefits following the recent Supreme Court decision, United States v. Windsor, overturning Section 3 the Defense of Marriage Act (DOMA) on June 26, 2013. more »
Same-sex couples are now eligible to petition for marriage-based green cards and dependent visas on the same basis as opposite-sex couples. On June 26, 2013, in United States v. Windsor, the US Supreme Court struck down Section 3 of the 1996 Defense of Marriage Act (DOMA), which had prohibited the US federal government from providing federal benefits to same-sex couples. Since US immigration law is federal (national), prior to Windsor, DOMA prevented same-sex couples from seeking US immigration benefits based on marriage. more »
The edited text of the US Department of State’s first ever LGBT Travel Advisory is below.
Some countries provide legal protections to LGBT individuals. But, others do not, and a significant number even criminalize consensual same-sex sexual relations. Individuals convicted in these countries could be sentenced to prison, and/or be punished by fines, deportation, flogging, or even sentenced to death. Before choosing an international destination, LGBT travelers should carefully consider the laws and biases of their international destination and decide how open one can be regarding one’s sexual orientation or gender identity. Personal judgment and knowledge of local laws and customs before one goes will help ensure your safety. more »
On August 17, 2011, USCIS issued a Policy Memorandum regarding B-2 Visa Status changes and extensions for cohabitating partners, including same-sex partners and same-sex spouses, and other nonimmigrant household members, along with related revisions to the Adjudicator’s Field Manual (AFM). more »
Effective August 15, 2011, the I-130 filing procedure and I-360 filing procedure in US consulates around the world will change. As of that time, US consular officers may no longer adjudicate I-130 Relative Petitions (for spouses, children, parents, other qualifying relatives) or I-360 Widow (er) petitions filed by qualifying US citizens or US Legal Permanent Residents (LPR, or green card holders). more »