July 6, 2015

Conditional / Temporary Residents MUST File to Remove Condition

After the historic 2013 decision by the Supreme Court of the United States in US v. Windsor (570 US ___ ), many same-sex couples got married. This enabled a US citizen to petition successfully for a foreign spouse and for that spouse to get Legal Permanent Resident status, the so-called “green card.” Our offices in Hollywood, Pasadena, and Palm Springs has handled many, many of these cases, all successfully.

To ensure that green cards are not obtained through false marriages, the Immigration Marriage Fraud Act (IMFA) requires a couple to file Form I-751 Petition to Remove Condition on Residence if the couple was married for less than two years on the day the green card was granted.

If you received your green card within the last two years based on marriage to a US citizen or green card holder, and if you wish check to see whether you are required to file the I-751, look at your green card. Under “Category,” if you see CR or CR-1 or CR-6 — if the two letters are CR, then you must file the I-751 before your green card expires. If you see CR-1 or CR-6 and your green card has already expired, seek legal assistance immediately.

June 1, 2015

Marriage-based Green Cards and Transgendered Persons

by Romben Law, APC

There has been a great deal of recent internet discussion about Bruce Jenner’s transition to a new identity as Caitlyn. I want to congratulate Caitlyn Jenner and address some questions about transgender people and immigration. There has been a small flood of calls today at both the Pasadena and Palm Springs offices of the immigration law offices of Romben Law, APC, in response to the Vanity Fair cover photo and article introducing Caitlyn.

In the bad old days, before Section 3 of the Defense of Marriage Act (DOMA) was struck down as unconstitutional by the Supreme Court of the United States in the 2013 landmark case of US v Windsor, same-sex marriages were not recognized under Federal law. If two men wanted to marry — even if their marriage could be legally performed in, say, Canada or Massachusetts — the US government refused to recognize that marriage, and no Federal benefits would attach to that relationship. This included a US citizen wanting to obtain legal resident status (the so-called “green card”) for a foreign spouse. A same-sex couple was not recognized, and no green card was possible.

December 17, 2013

Same Sex Marriages and Immigration

by Romben Law, APC

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New laws benefitting same sex couples can assist in immigration cases.

Looking back on 2013, in my humble opinion, the biggest change in immigration law occurred on June 26, 2013. On that day, the U.S. Supreme Court ruled in Windsor v. United States that section 3 of the Defense of Marriage Act was unconstitutional. Although the case was about estate taxes, the Supreme Court’s decision opened the door for same sex couples to obtain the same immigration benefits as every other married couple.
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