U.S. Supreme Court Declares Section 3 of DOMA Unconstitutional, Provides Important Opportunity for Same-Sex Married Couples to Receive Immigration Benefits. In 1993, the U.S. Congress enacted the so-called Defense of Marriage Act (DOMA). Section 3 of DOMA barred the federal government, including the Department of Homeland Security (DHS), from recognizing any marriage that was not between one man and one woman. Under DOMA, DHS could not approve an immigration petition filed...

Kolko & Associates, P.C. is pleased to announce an important change in the immigration law with regard to the processing of waivers for the Unlawful Presence ground of inadmissibility. This new process is only available for spouses, children and certain parents of U.S. citizens (immediate relatives). Applicants applying for an Immigrant Visa to the United States are required to demonstrate that they are “admissible” to the United States. The Immigration and...

Kolko & Associates, P.C., is pleased to report the expansion of a critical immigration program to benefit certain people that entered the United States as young children. The program, known as Deferred Action for Childhood Arrivals (“DACA”), was announced by the Secretary of Homeland Security on June 15, 2012 and the Department of Homeland Security (“DHS”) began accepting DACA applications on August 15, 2012. DACA is a discretionary determination by the...