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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

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

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: http://travel.state.gov/visa_bulletin.html
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).


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