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Citations for ILW.COM's Seminar
""All in the Family" - Current Issues in Family-Based Immigration"
Part 1 held on November 20, 2003

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From Arthur Zabenko

1. For unmarried partners:

  • H.R. 832 Permanent Partners Immigration Act of 2003
  • Same-sex marriage not recognized for immigration purposes
  • Adams v. Howerton, 673 F.2d 1036 (9th Cir. 1982)
2. For filing of N-400 while I-751 is pending:

From Jeri Ann H. Flynn

1. Filing the I-130 Here & Consular Processing Abroad

  • Immediate Relatives - Defined at Sec. 201(b)(2)(A)(1) of the Immigration and Nationality Act ("INA")
    - Children - Many definitions of "child" at INA Sec. 101(b)(1)
    - Spouses of USC - not defined, except no proxy spouses unless marriage is consummated [INA Sec. 101(a)(35)] - Parents - Defined at INA Sec. 101(b)(2)
  • Jurisdictional rules for USC's residing abroad to file immediate relative visa petitions abroad. 8 CFR 204.1(e)(2)
  • Priority date information (the Visa Bulletin) on the State Department's website:
2. K-1/2 Visas - Fiances of USC's & their derivative children - INA Sec. 101(a)(15)(K)(i)
  • Three Different Steps in Processing:
    - See 8 CFR 214.2(k) for filing requirements.
    - See 22 CFR Sec. 41.81(a) for consular processing regulations.
    - The INS Sec. 245 for adjustment of status to permanent residence.
3. K-3/4 Visas - Spouses & children of USC's - INA Sec. 101(a)(15)(K)(ii) - added by Legal Immigration Family Equity Act (LIFE Act), Dec. 21, 2000.
  • Steps in Processing:
    - See 8 CFR 214.2(k)(7) for filing requirements.
    - See 22 CFR 41.81(b) for consular processing regulations.
  • Waivers of inadmissibility to enter the US as nonimmigrants: 8 CFR 212.1(h) & 212.7.
4. V Visas - Spouses (V-1), children of LPR (V-2), and derivative children of spouses of LPR's (V-3) - INA Sec. 101(a)(35)(V) - added by LIFE Act Dec. 21, 2000
  • Procedure:
    - Beneficiary is in the USA - 8 CFR Sec. 214.15(b). INA Sec. 212 admissibility grounds apply except for 1) present without permission or parole [(212(a)(6)], 2) present without valid entry documents [212(a)(7)], 3) 3/10 year bars [212(a)(9)(B)].
    - Beneficiary is Abroad - 22 CFR Sec. 41.86. 3/10 year bars do not prevent V visa entry. (INA Sec. 214(o)(2)).
5. Widowers:
  • Immediate Relative under INA Sec. 201(b)(2)(A)(i).
  • In all other widower situations (for example, widowers of permanent residents), reinstatement of approved petition where the beneficiary has not yet adjusted or immigrated. 8 CFR 205.1(a)(3)(i)(C).
General Note: See also the INS letter of Johnny Williams (June 15, 2002) reproduced at 79 Int. Rel. 1186-88 (Aug. 5, 2002).