Should INS be able to deport the gay immigrant spouse of a US citizen in states allowing gay marriage?

I know a woman from Lithuania whose visa is going to expire and works in Boston, MA





but she is in process of marrying a soil+blood citizen of MA who is another woman.





Now gay marriage is legal in MA


but because of DOMA the federal govt does not recognize any gay marriage





So since INS is a federal agency...would they say that the spousal rights of the citizen are null+void?





or does the legal State marriage count to grant the immigrant a green card due to the marriage?Should INS be able to deport the gay immigrant spouse of a US citizen in states allowing gay marriage?
INS no longer exists. It was decommissioned on March 1, 2003. The new agency that handles immigration matters such as the one you're talking about is called CIS, Citizenship %26amp; Immigration Services.





This new agency does not have Deportation Officers as did INS. Now deportation procedures are the responsibility of ICE, Immigration %26amp; Customs Enforcement.





CIS will not deport a gay immigrant spouse of a U.S. citizen. However, they will deny any application designed to make the alien spouse a permanent resident.





ICE has the job of arresting illegal aliens. When they arrest an illegal alien, that alien normally is given a Notice to Appear before an Immigration Judge. It is the job of the Immigration Judge to order aliens deported, not ICE, and not CIS.Should INS be able to deport the gay immigrant spouse of a US citizen in states allowing gay marriage?
They wouldn't try to deport her, but her chances of staying in the USA solely based on a gay marriage in Massachusetts will not be sufficient enough. While Massachusetts is suing the federal government over DOMA, your friend and partner will have to seek the assistance of your state's federal congressmen.








Rep. Barney Frank who is openly gay and represents Massachusetts has introduced legislation called ';The Uniting American Families Act'; (UAFA) that will allow the partners/spouses of gay American citizens to live and work in the U.S. You should visit your federal representative and your federal senators, Edward Kennedy and John Kerry, and seek their assistance in fighting for your partner's right to stay in the U.S. Don't give up because this is a cause worth fighting for.
YES The Federal dept of immigration (now called CIS - NOT INS) can deport anyone who does not qualify to immigrate.





gay marriages are NOT recognised by the federal givernment.





She cannot apply as a family.





she SHOULD have applied for a work permit and gotten the GC that way - the employer sponsors her.
Legally...yes. The CIS is a federal agency. Only until gay marriage is recognized at a federal level will this not be okay.





Morally, that is a horrible practice and the INS should not be able to deport the gay immigrant spouse of a US citizen.
Such a complicate judicial case and worthy of future follow up.





My advice would be to get an immigration attorney who's familiar with LGBT issues plus the local chapter of HRC.





Best wishes!
Fed overrules State .. she cannot adjust status with a gay marriage


but the marriage is valid in-state
The ';marriage'; is not valid for immigration purposes.
they have to accept that she is legally married