Sexual Orientation (GLBT)

February 6, 2013

UK Commons Moves to Approve Same-Sex Marriage

UK SSM.png The UK parliament yesterday approved a bill legalizing same-sex marriage. The legislative process is not yet complete, but the 400-175 vote in favor of the bill is a strong indication that the next vote in the Commons, and a vote in the House of Lords, will be a favorable one for gay men and lesbians who wish to marry in the UK.

Gay and lesbian Americans who may wish to marry a UK citizen must remember that the Defense of Marriage Act (DOMA) is still the law in the USA. This means that even though Her Majesty’s government may soon allow same-sex marriages, the US does not provide any benefits or recognition under US law based on a same-sex marriage. And that includes immigration benefits. As an immigration lawyer who has counseled members of the gay and lesbian community for many years, I wish I could say that our families are recognized by the US government, but for the moment, we must wait to see whether any upcoming changes in US immigration law will provide benefits to same-sex couples.

If you or your partner or spouse would like to discuss immigration options, I look forward to talking with you. –jcf

February 4, 2013

Same-Sex Marriage and Comprehensive Immigration Reform

by Romben Law, APC

rainbow rings.jpg In my 30 years as an immigration lawyer in the gay and lesbian community, the question I am asked most is, “why can’t I bring my foreign partner to the USA? Straight people can get married and bring their spouses! We should have the same rights!” This question has resonated here in my offices in Los Angeles and in Palm Springs. I have been asked the question when I practiced in San Francisco and Chicago. I even get asked the question in Paris and London. The over-simplified answer is the word “marriage.”

Under the US Immigration and Nationality Act (INA), the US gives US citizens a “benefit,” allowing the spouse of a US citizen to apply for a legal permanent resident card (LPR — otherwise called “the green card”). Until recently, same-sex marriage (SSM) was quite rare, so the US could hide behind the idea that LPR is only extended to someone married to a US citizen.

Then some enlightened countries began letting same-sex couples get married, and the US was faced with a dilemma: do we apply the law equally and allow these same-sex couples the same rights as other Americans, or do we try to stop them. The result was the Defense of Marriage Act (DOMA).

January 30, 2013

Major Overhaul to Immigration Law May be Coming

by Romben Law, APC

Nation of Imm.jpg For over 10 years, immigrants and their families have come to Romben Law, APC and asked me about any possible changes to the immigration law that will help them. I hear, from clients in Los Angeles, Palm Springs, Canada, the United Kingdom, France, and many other places that they need some change in the immigration law to allow them to stay in this country and pursue their dreams, work productively, be free from persecution, and most importantly, to be united with their families.

For the first time since 1990, a major change in the immigration law may be coming.

You probably already know that the US Congress has been deadlocked for over 4 years, with the members (mostly) of one political party refusing to cooperate with the White House. As a result, a Comprehensive Immigration Reform (CIR) bill has never been seriously discussed. With the results of the recent re-election of President Barack Obama, and (many) members of the Republican party realizing that it is in their best interest to help immigrants, CIR may be on its way. What will it do?

April 5, 2012

Immigration Option for Gay Men & Lesbians in Deportation

by Romben Law, APC

The immigration attorneys at Romben Law, APC — with clients from the Coachella Valley and Palm Springs, to Southern California and Los Angeles, and throughout the world — have been closely watching the implementation of the prosecutorial discretion policy as it affects gay men, lesbians, and persons in nontraditional family relationships.

As readers of this blog may recall, in the latter half of 2011, the Obama administration instructed its enforcers of the immigration laws (also known as the Immigration and Customs Enforcement branch of the Department of Homeland Security) to consider exercising its discretion to dismiss “low priority” deportation and removal cases. The “Morton Memo” indicated that the following criteria may be viewed as positive factors:

Circumstances of arrival – especially if the person came to the US as a child Pursuit of education – if they have graduated from high school in the United States and/or are pursuing higher education U.S. Military service Ties to the U.S., including family relationships Pregnant or nursing women Age, especially for minors and the elderly If the person is a primary caretaker of another person with a severe illness or disability Persons who are likely to be granted temporary or permanent status because they are an asylum seeker, victim of domestic violence, human trafficking, or other crime

February 6, 2012

Circuit Court to Announce Prop. 8 Decision on Tuesday

by Romben Law, APC

The issue of same-sex marriage is an important issue. Romben Law, APC gets questions all the time at our offices in Los Angeles and Palm Springs, and throughout the nation from US citizens who wish to immigrate a same-sex spouse. The Los Angeles Times is reporting that the US Court of Appeals for the Ninth Circuit in San Francisco, California will release its decision regarding the constitutionality of Marriage Equality and Proposition 8 on Tuesday, 7 February 2012 at 10:00 a.m. (PST).

at Romben Law, APC, we are counseling our clients that whether the decision is a positive one or not, couples should not submit I-130 Family Petitions and I-485 Applications for Adjustment of Status based on a same-sex marriage without first consulting with an immigration attorney experienced in working with non-traditional families. –jcf

November 3, 2011

Same-Sex Immigrant Couples May Benefit if DOMA Overturned

by Romben Law, APC

DOMA Letters.png Romben Law, APC has a very long history of serving the gay and lesbian community, and communities with non-traditional family structures. At our offices in Los Angeles and in Palm Springs, we are constantly asked about whether the US citizen in a married, same-sex couple can petition the alien spouse. Alas, as of today, the answer is still NO, based on the anti-gay Defense of Marriage Act (DOMA) which is still the law of the land.

The good news is that the Judiciary Committee of the US Senate today began a debate that is a first step in an attempt to repeal DOMA. After today’s hearings, many people with experience on Capitol Hill believe the votes are there on the committee to send the bill to overturn DOMA to the Senate floor. However, in the Senate, there must be 60 senators — the so-called “supermajority” — willing to bring the question to the floor, before the measure can actually be voted on. Finally, if it passes the Senate, most experts feel the measure would die a quiet death on a committee in the House of Representatives.

There is movement in the Congress. It is important for all those for whom this is an important issue — for their own families, for their friends, or for a fundamental fairness principle — to contact their US Senators and Representatives to voice their support for the repeal of DOMA! –jcf

October 6, 2011

The World Mourns Steve Jobs

by Romben Law, APC

Green apple standing out.jpg Today the world mourns Steve Jobs. Steve Jobs was the creator and visionary at Apple, Inc. but he is remembered as one of the world’s greatest business leaders, ranking up there with the likes of Ford and Rockefeller. Steve Jobs was credited for bringing technology and it’s benefits to the every day lives of every day people. The attorneys at Romben Law, APC want to thank Steve Jobs for changing how we think about technology, for inspiring us to think creatively in what we do as immigration attorneys.

Romben Law, APC is proud to run our office on Apple technology. We love our Apple computers, iPhones and iPads. But more importantly, the immigration attorneys at Romben Law, APC have also embraced the entrepreneurial spirit and determination which is best exemplified by Steve Job’s own words:

Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do.

June 27, 2011

New York: “I do!” — USCIS: “Not yet, pal!”

by Romben Law, APC

couple hold hands.jpg Congratulations to the citizens of New York for the practical and humane approach taken by their Legislature and Governor in the approval of same-sex marriage last week! As leading advocates for immigrants in the gay and lesbian community, the attorneys at Los Angeles’ Romben Law, APC have counseled thousands of clients from all over the nation and the world about uniting families which are not traditionally shaped.

Beware! It is still NOT possible for same-sex couples to marry and to have the US citizen spouse petition for legal permanent resident status (the so-called green card) for the foreign spouse. This prohibition applies even when the couple both marries and resides in New York.

A same-sex marriage in New York (or from any other state or country, for that matter) will not be recognized for purposes of Federal immigration benefits. This includes Family Petitions for alien spouses, and also includes spouse-as-dependent on any other residency application. The culprit here is the Federal Defense of Marriage Act (DOMA).

May 11, 2011

Obama’s Speech on Immigration Reform

by Romben Law, APC

Screen shot 2011-05-11 at 2.58.08 PM.png President Obama addressed the nation in a highly anticipated speech on immigration reform from El Paso, Texas. Many have criticized the President’s speech because he offered little in detail but spoke in broad terms.

The immigration attorneys at Romben Law, APC would like to note that while deportations have increased under the Obama administration, President Obama reiterated that legalization should be offered to the undocumented, but with an emphasis on accountability. The President stated clearly: “those who are here illegally have a responsibility as well … they have to admit that they broke the law, pay their taxes, pay a fine, and learn English. And they have to undergo background checks and a lengthy process before they can get in line for legalization.”

The President also weighed in on the hallmark of immigration: family reunification. President Obama said “I don’t believe the United States of America should be in the business of separating families. That’s not right. That’s not who we are.”

March 11, 2011

Earthquake in Japan: Tsunami Warnings for Hawaii and West Coast

by Romben Law, APC

Japan: an 8.9 earthquake has rocked Japan today, marking the most powerful earthquake in Japan’s recorded history. This quake is the fifth most powerful in the world since 1900, says the U.S. Geologic Survey. Tokyo reports massive aftershocks. Narita Airport, Sendai Airport remain closed, although Haneda Airport has reopened already. The immigration attorneys at Romben Law, APC who practice in business immigration, family-based immigration, removal defense and appellate work extend sympathy and concern to all our Japanese clients and those with family and friends abroad who are affected by this devastating disaster.

Over the years, the immigration attorneys at Romben Law, APC have worked proudly in the Japanese immigrant community, having represented multinational executives and managers for some of Japan’s largest corporations, professors providing invaluable research and teaching in top U.S. universities, professional employees working in companies based in Little Tokyo and in Japanese American non-profit organizations, and of course, countless individuals and families of Japanese descent.

With early reports of the death toll, the true damage the earthquake has caused remains unknown at this moment. We do know that this earthquake may cause tsunamis powerful enough to engulf or wash over small islands in the Pacific causing more damage and posing continued danger to those in the Pacific. For clients wishing to return to Japan in the weeks to come, please call the attorneys at Romben Law, APC for guidance on how to check the US Department of State for travel warnings and other restrictions. —ecf