The court rendered a 6-3 verdict in the case between the Department of State v. Sandra Munoz, U.S. Supreme Court, No. 23-334, the Republican justices (the 3 Democratic dissenting) deciding that there is no constitutionally protected right to live with your spouse. This decision, reversing a 9th US Circuit Court of Appeals decision holding the opposite, allows the government to exclude without explanation the spouse of a US citizen, failing to act on a visa petition, and dismissing her seeking review of the delay and failure to act. The plaintiff, a US Citizen and civil rights lawyer, has been separated from her husband for over 9 years, apparently over State Department concerns that he “might” be a gang member. The Supreme Court decision means that there is no review of that determination, effectively declaring that marriage does not include the right to live with your spouse where you choose, and courts may not review government decisions abridging that right. This follows the trend of the court to restrict personal rights affecting families, such as abortion, without any evaluation of the human or social costs involved, and a blind eye to consequences that can be overcome for those of extreme wealth and means.
The legal system has traditionally been a protector of ordinary citizens who seek a level playing field in a world with wide discrepancies of opportunity and wealth, as well as the physical environment. This court further abandons that tradition, effectively saying “nothing to see here” and letting the government act on the basis of political or other unknown reasons to diminish the rights and value of an ordinary citizen.
Category: Immediate Family
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US Supreme Court Further Degrades Marriage
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New Family Unity Executive Order (June 18, 2024)
Many have heard of the new policy announced by the Biden administration which will target one of the many sad injustices of current immigration system. This action, taken on the basis of his executive authority, may face legal challenges much as the DACA program has, but addresses a very real problem that most Americans want fixed. IBLF will be reviewing the program and attempting to match any clients who could benefit, but, in the meanwhile, you may gather some information from these links published by the government:
Process to Promote the Unity and Stability of Families | USCIS
There is no immediate urgency — the program won’t be in effect for a while, and the forms, details, and implementation will be delayed by necessary legal steps. It only affects those who have been in the US for over 10 years.
IBLF will be reviewing the program as it develops and possibly issuing new information when available. If you are interested, please drop me a line and I will put you on special mailing list for that.
Albert Z Lewis Jr., Attorney
The International Business Law Firm PC
910 17th Street NW – Suite 408
Washington DC 20006-2604
(202) 296-1111 / [email protected] (more…) -
TPS Designation for HAITI!
On May 26, 2021, the USCIS Public Engagement Division recently sent its email stating:
On May 22, Secretary of Homeland Security Alejandro N. Mayorkas announced a new 18-month designation of Temporary Protected Status (TPS) for Haiti. The effective date will be the date of publication of an upcoming Federal Register notice (FRN). This new TPS designation will enable Haitian nationals (and individuals without nationality who last resided in Haiti) residing in the United States as of May 21, 2021, to file initial applications for TPS, so long as they meet eligibility requirements.
More info atTemporary Protected Status | USCISBecause TPS applications have a deadline for application, it is recommended that any HAITIAN Foreign National who believes they may be eligible contact an attorney or law firm to be ready to file when the application period opens.
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4th Circuit Finds Domestic Violence can be Legitimate Asylum Claim
The Fourth Circuit issued a published decision (which means it has precedential value which must be followed by judges within the 4th Circuit) which finds a claim of asylum based on the Salvadoran government’s inability to protect a woman from domestic violence is a proper basis for a grant of asylum.
The Case, (Ruth Jeanette Orellana v. William Barr (http://www.ca4.uscourts.gov/opinions/181513.P.pdf) , was in part based on a stipulation by the government that “Salvadoran women in domestic partnerships who are viewed as property” can form a protected social group, and the decision lends substantial support to this position, even though the government apparently is trying to walk back this interpretation, claiming that the stipulation will be withdrawn upon remand.
This is an important development because individual cases of domestic violence are not normally sufficient to create the basis for an asylum claim. In this case, however, the documented failure of the El Salvadoran government, police, and court system was so well described that the Court of Appeals rejected the finding by the Immigration Court judge that the victim could be protected in El Salvador.
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Head of Household
Tax – Head of Household (Considered Unmarried)
Many married people file their taxes as Head of Household in order to save money, not realizing that there are very strict requirments for such a status. In order for you to qualify as “considered unmarried” you must meet the following criteria taken directly from the IRS website:
Considered Unmarried
To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.
- You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.
- You paid more than half the cost of keeping up your home for the tax year.
- Your spouse didn’t live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , later.
- Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Home of qualifying person , later, for rules applying to a child’s birth, death, or temporary absence during the year.)
- You must be able to claim the child as a dependent. However, you meet this test if you can’t claim the child as a dependent only because the noncustodial parent can claim the child using the rules described later in Children of divorced or separated parents (or parents who live apart) under Qualifying Child or in Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) under Qualifying Relative. The general rules for claiming a child as a dependent are explained later under Dependents .
Source: https://www.irs.gov/publications/p501#en_US_2018_publink1000220775Business Law
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Family Can Be Social Group
Family Based Asylum Claim Explained – 4th Circuit
The 4th Circuit held: “The BIA and the IJ improperly focused on whether Gomez’s father and brother were threatened due to a protected reason in order to impute such protection to the whole family. This was in error. The correct analysis focuses on Gomez herself as the applicant, and asks whether Gomez was targeted because of her membership in the social group consisting of her immediate family. “
http://www.ca4.uscourts.gov/Opinions/Unpublished/152576.U.pdf
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
GOMEZ v. SESSIONS Case 15-2576 — Although unpublished, this provides guidance for those seeking asylum based on family persecution.
