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It May Be Possible for a Same Sex Spouse of a U.S. Citizen to Apply for a Green Card

Posted: March 29th, 2011 | Author: | Filed under: National News | No Comments »

There are starting to be reports that USCIS headquarters has asked USCIS Field Offices not to deny green card applications  filed by a U.S. citizen for a same-sex spouse.

In the past, anyone who tried such a filing would have the application denied and the foreign spouse could be put in removal proceedings.  Now, reports are that the filing may be held in abeyance while the courts and Congress decide the fate of the Defense of Marriage Act.

Any same sex married couples who try  filing a green card application should know that there is still a substantial risk that the application will ultimately be denied and the foreign spouse (if he or she does not have an alternative status to fall back on) could be put in removal proceedings.

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Written by Chris Jaensch

Chris Jaensch

Attorney P. Christopher Jaensch received a Bachelor of Arts degree in History in 1992 and a Juris Doctor degree in 1995 from the University of Florida. While at UF, he was a member of Sigma Chi Fraternity, Phi Beta Kappa Society and Florida Blue Key, the oldest and most prestigious leadership honorary in the state of Florida.

Mr. Jaensch is a member of the Florida Bar, the American Immigration Lawyers Association (AILA) and the Sarasota Bar Association. He has served as President of the Sarasota-Manatee International Trade Club and served as Regional Vice Chair, Tampa Bay, for the Central Florida Chapter of AILA. He was a member of City of Sarasota Charter Review Committee and has been active in several local organizations, including the influential Laurel Park Neighborhood Association in downtown Sarasota.

Mr. Jaensch has over 18 years of experience in the field of immigration and nationality law and focuses his practice on four primary categories (a) investors and entrepreneurs, (b) business executives, managers and professionals, (c) amateur and professional athletes and coaches and (d) performing artists and immigrants with extraordinary ability.

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