September 2014

Issue link: http://ailahub.aila.org/i/370882

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Page 8 of 20

Lifestyle 9 Inter Alia 9 Get Connected 9 Member Advantage 9 Contact Us u LGBT w Unaccompanied children sponsor: about us: 9 Practice Pointers 9 What's Trending F ollowing the U.S Supreme Court's decision in Windsor v. United States, 570 U.S. ___ (2013), granting recognition of marriage for federal benefits, LGBT immigrants find themselves in a variety of legal postures seeking immigration benefits. is article addresses those LGBT immigrants seeking waivers or relief that require a showing of hardship. Unlawful presence waivers and waivers for certain criminal activity or fraud will require the applicant to demonstrate that a certain qualifying relative will suffer extreme hardship if the applicant is denied admission to the United States. Applicants for Cancellation of Removal under INA ยง240A(b) will need to demonstrate the higher standard of exceptional and extremely unusual hardship. In many cases, the applicant's spouse is the qualifying relative. us, practitioners should examine closely how the couple's sexual orientation affects the hardship analysis. For same-sex couples, or for couples where one spouse is transgender, there are many issues that are not present in cases presented by their opposite-sex couple counterparts. Hardship for the LGBT Immigrant Spouse by Scott C. Titshaw , Ally Bolour , and Bryon M. Large, Sr. A crowd rallies outside the U.S. Supreme Court on Mar 27, 2013, as the court hears arguments on the Defense of Marriage Act and California's Prop 8. 9 next uw PHOTO BY MARK WILSON/GETTY IMAGES

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