Archive for the ‘Court Cases / Decisions’ Category

Supreme Court Strikes Down Defense of Marriage Act (DOMA)

6/27/2013 Written by SRW Lawyers

The Supreme Court recently issued a decision striking down the Defense of Marriage Act (DOMA) as unconstitutional. This has a huge impact on immigration issues and should open the door for same sex couples to be treated equally under immigration law. AILA President Laura Lichter immediately commented by saying “Same sex bi-national couples have fought […]Read More >

K-4 Visa Holder Cannot File for Green Card Based on Own Marriage to U.S. Citizen

7/24/2012 Written by Brian D. Zuccaro

In the case, Matter of Valenzuela, 25 I&N Dec. 867 (BIA 2012), the Board of Immigration Appeals (BIA) held that a K-4 visa holder (i.e. the son/daughter of a K-3 visa holder) could only file an application for adjustment of status to lawful permanent residence based on the I-130 petition filed by the K-3 visa […]Read More >

Federal Court Affirms USCIS Denial of H-1B Visa for Financial and Operations Analyst

7/19/2012 Written by Brian D. Zuccaro

In the court case, Palace Wine & Spirits, Inc. v. USCIS, which was not handled by our office, a liquor sales and business acquisition company with seventeen employees filed an H-1B visa petition in order to employ an individual in a part-time “Operations and Finance Analyst” position. USCIS denied the H-1B petition finding that the […]Read More >