Rio Frio, TX Immigration Law Firms & Lawyers

Unfortunately the system is frustrating. It appears from what you wrote that you will not have serious difficulties next time but there is no guarantee that you will not be taken to secondary inspection.

In my personal opinion, you should be able to file an immigrant petition for him and get it approved. Your spouse would not become a citizen overnight, of course, he would file for adjustment of status to a Lawful Permanent Resident ("green card") first, and then for citizenship 3 years later. A professional opinion must differ. Previously, federal Defense of Marriage Act stood as a bar to recognition of same-sex marriages by the Immigration Service (and all other federal agencies). A couple of years ago, a lower federal court declared the DOMA unconstitutional. Obama administration very loudly announced that it will not appeal the decision (and get DOMA out of the way). GLBT community and libertarians applauded the President for his commitment to equality of all under the law. It turned out, however, that the administration changed its mind and, not so loudly, appealed to the Supreme Court. In fairness, it must be said that the President might be trying to get DOMA struck down by the Supreme Court - just in case another man will ascend to the presidency and revive this deeply bigoted law. My willingness to give Mr. President the benefit of the doubt is, however, undermined by his instruction to the federal agencies to continue enforcing DOMA until the Supreme Court hand down its decision (which is not likely to happen until next summer). The President not only did not have to do that - his instruction is, arguably, unlawful because the decisions of the lower courts declaring DOMA unconstitutional should render it unenforceable. But... Democrats are not likely to challenge anything the President decides, and the Republicans are not likely to push the President to start granting immigration benefits to same-sex spouses of U.S. citizens. So, right now, you have to wait for the Supreme Court of the United States to decide whether the Constitution gives gay Americans the same rights as to their straight brethren.

Hi. If you enter under ESTA, you will need to leave again to get into O1 status. Thus, when it gets approved, you will need to take the approval to the Embassy, get the visa and re-enter with the new O1.