The June 2013 Supreme Court decision United States v. Windsor, overturning a key provision of the Defense of Marriage Act (DOMA), is of historic importance for same-sex married couples in the United States and is undoubtedly a major legal victory for the American LGBT rights movement. With Section 3 of DOMA struck down, we have seen rapid change in the legal treatment of married same-sex couples, including under immigration law. In this (somewhat academic and lawyerly) post I look at how DOMA came to be, examine the Windsor decision in detail, and consider its broader impact. In a separate future post my colleague Liz Brettschneider will answer some practical questions for couples whose immigration cases are affected by the Windsor decision.
Read moreThe Immigration Consequences of Alcohol-Related Driving Incidents
Drunk driving, driving while intoxicated (DWI), and driving under the influence (DUI) of alcohol are responsible for thousands of deaths every year in the United States, and are considered to be serious threats to public health and safety. It is therefore not surprising that the US Government has passed laws designed to deter and punish those who operate motor vehicles under the influence of alcohol. Immigration law is no exception. Foreign nationals who have been arrested for or convicted of offenses related to drunk driving, DWIs, or DUIs (whether in the United States or abroad) can expect substantial delays in the processing of their visas and at ports of entry, as well as in their efforts to procure a Green Card here in the US. They also face barriers to citizenship, and depending on their status, removal (deportation) from the US. We here address some of the most common questions that arise in this context.
I have a DUI conviction and wish to come to the United States on a temporary visa. Will this conviction bar me from entering the US?
Possibly. Under US immigration law, a foreign national can be found “inadmissible” for a number of reasons. Among these is having committed or been convicted of a “crime involving moral turpitude.” Under settled law (i.e., a firmly established and undisputed law or court decision), a simple DUI conviction does not constitute a crime involving moral turpitude; however, a DUI conviction that involves aggravating factors, such as knowingly driving with a suspended license or a DUI while children are in the vehicle, or a DUI that results in death or injury of another, may be found to involve moral turpitude and therefore bar admission to the United States.
Read moreDREAMERS
In the long-running and contentious political debate surrounding immigration reform, one of the most widely discussed issues has been how to resolve the immigration status of those brought to the United States as children. While pundits often argue that passing comprehensive immigration reform will reward law breakers, few seriously contend children should be punished because their parents or guardians may have violated immigration law in bringing them to the United States illegally or overstaying their visas. It is hard to insist that young people who have grown up almost exclusively in the United States should abandon their homes, families, jobs--and the only lives they’ve known--in order to come into compliance with immigration law.
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