Previously Denied Same Sex Marriage Cases May Be Re-opened!

us immigration same-sex couples
Wednesday, May 14, 2014 - 5:00pm

Immigration Customs Enforcement (ICE) recently advised immigration law practitioners at a meeting with the American Immigration Lawyers Association’s liaison committee that it will agree to re-open certain cases for same-sex couples now eligible for immigration relief. Specifically, individuals who had previously been ordered removed through the immigration courts system, but are in lawful and bonafide same sex relationships may now be eligible to re-open their prior proceedings. These individuals may be eligible to file a Joint Motion to Reopen (MTR) with ICE to the immigration court with jurisdiction over the location where the removal was ordered. According to the guidance from ICE headquarters, ICE trial attorneys should join in a joint motion to re-open proceedings if the individual is otherwise eligible for another option to remain in the U.S., including adjustment of status, cancellation of removal, or asylum. Please consult with your M + K immigration attorney, if you may be eligible to file a MTR.