NY Judge Rules that Immigration Remarriage Residency isn’t Fair

Caribbean immigration advocates that fought against an immigration law now rejoice as their efforts have paid off after a federal US judge declared that part of the regulation was unfair and borderline unconstitutional, as reported by jamaicaobserver.com.

The judge that ruled in the case is Andrew Carter of the Southern District Court of New York. The law that will now be abolished is where an immigrant going into a second marriage will be required to prove that the first marriage wasn’t actually just a hoax in order to acquire permanent residency and immigration lawyers are taking strong notes of this case.

Chen vs. Board of Immigration Appeals

The ruling came in the case: Chen vs. Board of Immigration appeals, where the petitioner Chen, a Chinese immigrant, acquired lawful permanent residency or a green card through marriage to a United States citizen back in February of 2006. The couple divorced only over a year later in May of 2007, and three months after the divorce, Chen remarried another Chinese national.

Chen then proceeded to file a petition (form I-130) on behalf of Ping Xiao as an alien relative. However, the US Citizenship and Immigration Services (USCIS) rejected the petition by saying that Chen had failed to prove with evidence that his first marriage was not simply a fraud to debunk immigration officials and obtain a green card.

Years later in 2012, Chen filed another petition with the help of his immigration attorney claiming that the regulation was invalid as it crossed the statute of limitations. This second petition too was rejected in 2014 following which Chen filed a suit against the USCIS with the Southern District Court of New York and alleged that the regulation was an impermissible interpretation of the law. The law, many immigration lawyers believe, is ambiguous as it does not specify when the five year period technically begins. 

America has major immigration problems and is having so many Americans that do not speak English which limits their opportunity and potential in this country a positive thing? That, and some more, are questions to contemplate. Why have people in America who will be outsiders for decades?

Anyways, if you have something to add to America and have a skill that America needs, go right here: Immigration.USAttorneys. Contact us if you want. We will respond most likely with in a day, perhaps in a couple of hours. Doing things the right way in this immigration pursuit will save you lots of stress throughout your life.

Gay Marriage to be Conducted in Detention Center Due to Immigration Arrest

The idea was to get married on a Palm Springs golf course on Valentine’s Day, but for Tom Swann and Guillermo Hernandez, that is a dream which may never come true, according to a desertsun.com report. 

The reason the two men may not have their dream wedding, a dream wedding only to a small percentage of humanity, is because Hernandez is an undocumented illegal immigrant and has been arrested by immigration officers. He never used an immigration lawyer. 

He is now being held in the federal Calexico detention center where he awaits a deportation hearing. The federal Calexico detention center will also now be the venue for the marriage between Tom Swann and Guillermo Hernandez.

It will also be the first homosexual marriage for a detainee in an immigration facility in all of America. Swann, an army veteran that proudly marched in the gay service members’ march in the Palm Springs Veterans Day Parade, this historic notion attached to the wedding makes it a lot more special to him and a few people in America.

Some people want to know why is he marrying someone who broke America’s laws?

If you require help with upgrading your immigration status or with family or business immigration, work visas, naturalization, or you feel you have been done wrong by the immigration board, you do have legal options so talk to an immigration lawyer today.