Fiance Visas and DOMA

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Justice Dept. to Continue Policy Against Same-Sex Marriage – NYTimes.com.

Recent calls from same sex couples interested in immigrating to the US through marriage prompted me to check the status of the Defense of Marriage Act. So far, same sex couples are not eligible under DOMA, but there are two cases in which deportation was suspended based on a same sex marriage, the case of Henry Velandia a national of Venezuela, and the case of Paul Dorman, an Irish national. Mr. Dorman’s case remanded to the immigration court of appeals and based on that decision, Mr. Velandia’s case deportation was suspended. Read more by clicking on the link to an interesting piece in the New York Times above.

Update: follow more opinions in this article by Gary Endelman http://www.ilw.com/articles/2011,0708-endelman.shtm

Board Of Immigration Appeals Mulls Fine Point of Jamaican Law On The Status Of Children

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Watson v. Holder has been remanded to the BIA to ponder the meaning of a Jamaican Law of 1976 which declares that all children are legitimate whether born in or out of wedlock. The law was enacted precisely to obviate the need for such a question in regard to wills and intestacy and to protect personal representatives and trustees. Specifically the law defines “child” as including a child born out of wedlock and “marriage” to include a void marriage and the Status of Children Act painstakingly sets out the means by which paternity may be established. The BIA now must determine the meaning of legitimacy under Section 1101(c)(1) and interpret “legitimation” under Section 1101(c)(1) and (2) and then apply the definition to the facts of the case before the court.

Sources:
Bender‘s Immigration Bulletin
Laws Of Jamaica

Utah officials urge Obama administration not to sue over immigration laws – Yahoo! News

Utah officials urge Obama administration not to sue over immigration laws – Yahoo! News.

Guest agricultural workers in Utah may be given a safety net from tougher state immigration laws that allow law enforcement officers to ask for prove of legal status by an accompanying law that allows illegal aliens to be guest workers.