Business Immigration Insights

For the second time in the past ten years, the Supreme Court has upheld the doctrine of consular non-reviewability of visa decisions and denied relief to the U.S. citizen spouse seeking to challenge the denial of a visa to a spouse. 

On October 5, 2012, U.S. Immigration and Customs Enforcement (“ICE”) issued additional criteria  for determining when individuals who are in committed, long-term, same-sex partnerships may avoid removal (i.e., deportation) from the United States.  According to the memorandum, the following factors are relevant (though not sufficient) in exercising favorable prosecutorial discretion:

• The partners are each other’s sole domestic partner and intend to remain so indefinitely;
• The partners are not in a marital or other domestic relationship with anyone else; and
• The ...