There is a great deal of hype on the web that seems to have its genesis in a report by Newsweek. The issue of "gay rights" continues to percolate on capitol Hill and beyond. The good news is that there may be some ripple effect from the Obama Administration's decision not to defend the Defense of Marriage Act (Pub.L. 104-199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C) ("DOMA"). It appears to be the case that we are going to see DOMA being struck down.
In the interim, two CIS offices (Washington, DC and the Baltimore, Maryland, District Offices), have announced that they will not deny I-485, Adjustment of Status Applications. Rather, they have decided to put them on "hold" pending the decision by the Courts. The appears to be destined for the U.S. Supreme Court.
It appears to be the case that legally married same sex couples couples - either married in the U.S. (in States that permit same sex marriages) or in a foreign country that recognizes same sex marriages, will be able to file an I-485 Adjustment of Status Application with a simultaneously filed I-130 Petition for a Foreign National Spouse.
As part of the simultaneous filing of the I-130 and I-485, the foreign national beneficiary should be able to obtain a travel document (Advance Parole Travel Document) and Employment Authorization Document ("EAD") pending the outcome of the case with the CIS. In addition to the foregoing, the move by these two District Offices makes it more difficult for the U.S. Department of Homeland Security to take steps to deport a same sex spouse.
In light of the recent determination, there will now be a strong argument for Legal Counsel to get an Immigration Judge to place such a case on "hold". This is something most judges would ordinarily do pending the outcome of the Court's Determination with regard to a marriage-based petition that ends-up being heard by a Judge.
CIS spokesman Christopher Bentley told Newsweek: "We have not implemented any change in policy and intend to follow the President's directive to continue enforcing the law." For many years our office has been quite pessimistic about the favorable consideration of same sex marriages for "immigration" law purposes. It is great to see some common sense injected into our arcane system of immigration laws.
For more information about the foregoing, please feel free to e-mail us at info@visaserve.com.
Monday, March 28, 2011
Friday, March 25, 2011
CANADIAN IMMIGRATION UPDATE: New LMO Forms Coming!!!
As though the LMO application system was not already onerous enough, Human Resources and Social Development Canada (“HRSDC”) and Citizenship and Immigration Canada (“CIC”) have announced that effective March 25, 2011, the online Labour Market Opinion (“LMO”) application system will be unavailable until a new secure online Web system is installed in June 2011. During this period, all employers can still submit LMO paper application forms by mail or fax to the appropriate Service Canada Centre. The Live-in Caregiver Program online application process will continue to be available without interruption.
In addition, new LMO application forms will be available as of March 25, 2011. These new forms will be specific to each stream under the Temporary Foreign Worker Program such as the Live-in Caregiver Program, the Seasonal Agricultural Worker Program, etc. My staff and I can’t wait to see the impact of the new forms on an already arduous system.
Completed LMO applications received by Service Canada by March 31, 2011, will be processed in accordance with the standard Program requirements. As of April 1, 2011, any LMO request received must be made using the new LMO application forms and will be processed in accordance with the new amendments to the Immigration and Refugee Protection Regulations.
For more information about the LMO and Work Permit process in Canada, please contact our office: veronique_malka@visaserve.com
In addition, new LMO application forms will be available as of March 25, 2011. These new forms will be specific to each stream under the Temporary Foreign Worker Program such as the Live-in Caregiver Program, the Seasonal Agricultural Worker Program, etc. My staff and I can’t wait to see the impact of the new forms on an already arduous system.
Completed LMO applications received by Service Canada by March 31, 2011, will be processed in accordance with the standard Program requirements. As of April 1, 2011, any LMO request received must be made using the new LMO application forms and will be processed in accordance with the new amendments to the Immigration and Refugee Protection Regulations.
For more information about the LMO and Work Permit process in Canada, please contact our office: veronique_malka@visaserve.com
Monday, March 14, 2011
JAPAN EARTHQUAKE AND RELIEF FROM THE TSUNAMI BY NACHMAN & ASSOCIATES. P.C.
Last week a massive 8.9/9.0 magnitude earthquake hit the Pacific Ocean nearby Northeastern Japan at around 2:46pm on March 11 (JST) causing damage with blackouts, fire and tsunami. There have been and continue to be aftershocks and unanticipated infrastructure issues resulting from the devastation.
In the past, Nachman & Associates, P.C. (The VISASERVE TEAM) has partnered with not-for-profit organizations working on the frontlines of disaster relief and recovery to assist with the coordination of disaster relief funding to aid victims of earthquakes in Turkey, Thailand, Haiti, and other countries throughout the world.
Our heartfelt concern and heartfelt sorrow goes out to any of our clients, friends and/or their families directly impacted by these recent events.
More generally, the members of our Firm send out wishes to the Japanese Nation as a whole for a very rapid recovery.
Our Law Offices continue our relief efforts with regard to the recent incident in Japan. We invite you to visit the website for the Japan Society to provide your assistance directly. You can do so by visiting the web page at:
https://www.japansociety.org//content.cfm?page=japan_earthquake_relief_fund
Alternatively, you can contribute by sending your check to:
Japan Society
333 East 47th Street
New York, New York 10017
Attn: Japan Earthquake Relief Fund
or to
Nachman & Associates, P.C.
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Attn: Japan Division - Japan Earthquake Relief Fund
Please make your checks payable to Japan Society and indicate “Japan Earthquake Relief Fund” on the check. For additional information, please e-mail us at info@visaserve.com or at japanrelief@japansociety.org
Any tax-deductible contributions provided will go to organizations that directly help victims recover from the devastating effects of the earthquake and tsunamis that struck Japan on March 11, 2011.
For information about U.S. and Japanese immigration impacted by the recent events, please visit the "Special Situations" Web page on the USCIS
website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89a8ce68596ae210VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD
In the past, Nachman & Associates, P.C. (The VISASERVE TEAM) has partnered with not-for-profit organizations working on the frontlines of disaster relief and recovery to assist with the coordination of disaster relief funding to aid victims of earthquakes in Turkey, Thailand, Haiti, and other countries throughout the world.
Our heartfelt concern and heartfelt sorrow goes out to any of our clients, friends and/or their families directly impacted by these recent events.
More generally, the members of our Firm send out wishes to the Japanese Nation as a whole for a very rapid recovery.
Our Law Offices continue our relief efforts with regard to the recent incident in Japan. We invite you to visit the website for the Japan Society to provide your assistance directly. You can do so by visiting the web page at:
https://www.japansociety.org//content.cfm?page=japan_earthquake_relief_fund
Alternatively, you can contribute by sending your check to:
Japan Society
333 East 47th Street
New York, New York 10017
Attn: Japan Earthquake Relief Fund
or to
Nachman & Associates, P.C.
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Attn: Japan Division - Japan Earthquake Relief Fund
Please make your checks payable to Japan Society and indicate “Japan Earthquake Relief Fund” on the check. For additional information, please e-mail us at info@visaserve.com or at japanrelief@japansociety.org
Any tax-deductible contributions provided will go to organizations that directly help victims recover from the devastating effects of the earthquake and tsunamis that struck Japan on March 11, 2011.
For information about U.S. and Japanese immigration impacted by the recent events, please visit the "Special Situations" Web page on the USCIS
website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89a8ce68596ae210VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD
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