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Adams v. Howerton, 673 F.2d 1036 (9th Cir. 1982), cert. denied, 458 U.S. 1111 (1982) is a decision from the United States Court of Appeals for the Ninth Circuit that held that the term "spouse" refers to an opposite-sex partner for the purposes of immigration law and that this definition met the standard at the time for rational basis review.
The Stokes interview originated from the Federal District court case of Stokes vs. the INS in 1975. Two U.S. citizens, Charles Cook and Bernard Stokes, who married citizens of Guyana filed a suit challenging the INS procedure for determining whether to grant preferential status on the ground that the two non-citizens were "immediate relative" of U.S. citizens.
Before filing for a K-1 Visa a couple must have seen each other in person within 2 years prior to the filing. [5] No attorney or other intermediary is necessary to petition someone for a K-1 visa, however some choose to hire an attorney or document preparation agency to help with the paperwork and/or facilitate the process.
That is to ensure that the marriage was in good faith and not a fraudulent marriage of convenience with a sole intention of obtaining a green card. A follow-up interview with an immigration officer is sometimes required but may be waived if the submitted evidence is sufficient. Both the spouses must usually attend the interview.
[1] [2] [3] The case was a challenge by a U.S. citizen to the State Department's rejection of her non-citizen husband's application for an immigration visa with little explanation. In the majority opinion by Justice Barrett , the Supreme Court concluded that history and tradition supported Congress's authority to decide whether a citizen's ...
Consular nonreviewability (sometimes written as consular non-reviewability, and also called consular absolutism) refers to the doctrine in immigration law in the United States where the visa decisions made by United States consular officers (Foreign Service Officers working for the United States Department of State) cannot be challenged in the United States judicial system.
Bell, 430 U.S. 787 (1977), was a U.S. Supreme Court case that challenged the constitutionality of Sections 101(b)(1)(D) and 101(b)(2) of the Immigration and Nationality Act of 1952. [1] The Sections gave immigration preference to children or parents of either existing U.S. citizens or of noncitizens residing under lawful permanent resident ...
Kleindienst v. Mandel, 408 U.S. 753 (1972), was a decision by the United States Supreme Court, which held that the United States Attorney General has the right to refuse somebody's entry to the United States, as he has been empowered to do so in § 212(a)(28) of the Immigration and Nationality Act of 1952.