we were married in NY, I am a U.S. citizen, she is here on OPT student visa which runs out in Oct of this year. We currently live in Texas and would like to get to stay here. Thanks!
Divorce / Separation Lawyer
Great question, needs an immigration attny with an opinion on DOMA my opinion is that is should not be struck down.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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3 lawyers agree
Not so fast.. Let's first see that DOMA is indeed struck down, and then let's see how that decision "percolates" to immigration law.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
5 lawyers agree
Good question, but you are getting a bit ahead of the game. Let's first see exactly what the Supreme Court does and how Congress responds.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
14 lawyers agree
It is amazing how people constantly ask immigration attorneys to engage in all kinds of conjectures, predictions and speculations. We are not political commentators and cannot really do that. Who knows whether SC will strike DOMA? Who knows how it is going to play out if DOMA is stricken? Will the Administration begin recognizing marriage in its contemporary broader definition in immigration context or drug its feet and kick the can down the road for the next Administration to deal with it? If the issue is left for the states, how different state Constitutions, laws and definitions of marriage be reconciled? How much time will it take until LGBT community is able to convey immigration benefits, if at all, to their spouses? Who knows? How can we know? I can guess that Texas will probably be among the last to recognize marriage in its contemporary broad meaning, so that a marriage contracted in NY may take a generation to be finally recognized in Texas. I may be wrong though and we may see tomorrow millions of Texans marching on the streets demanding that marriage between same sex partners be recognized in the State. I see it as highly unlikely, though/
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4 lawyers agree