In another great victory for LGBT people, Federal District Court Judge Vaughn Walker ruled today that California’s ban on same sex marriages violates the federal constitution.
“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.”
These are strong words coming from a federal judge and another clear sign that history is on our side. There is no question that this case will be appealed, first to the 9th Circuit, and then to the U.S. Supreme Court, and the decision will be stayed in the interim. This means that even though Judge Vaughn has found that our Constitutional rights have been violated, his decision will no into effect unless and until it is upheld by a higher court.
Because this is a first step in a longer legal battle, there will be no direct benefit to binational couples for now. We’re still reading and digesting the decision and will blog again shortly about its implications. For now, let’s take a moment to celebrate.

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Archive for August, 2010
8th August 2010
Holiday Closing Schedule for US Embassy Sri Lanka & Maldives
Posted by : admin
The administration of this blog routinely posts the holiday closing schedules of US Embassies and US Consulates in Southeast Asia and India in an effort to provide information to travelers who may need assistance at a local Post. Below is the holiday closing schedule for the US Embassy accredited to Sri Lanka and the Maldives quoted directly from that Embassy’s official website:
The American Embassy will observe the following American and local holidays in 2010.
Date |
Event |
Type |
January 01 (Friday) | New Year’s Day | American |
January 14 (Thursday) | Tamil Thai Pongal Day | Local |
January 18 (Monday) | Birthday of Martin Luther King, Jr. | American |
February 04 (Thursday) | National Day | Local |
February 15 (Monday) | Presidents’ Day | American |
March 1 (Monday) | In Lieu of Holy Prophet’s Birthday | Local |
March 29 (Monday) | Bak Full Moon Poya Day | Local |
April 13 (Tuesday) | Day Prior to Sinhala & Tamil New Year Day | Local |
April 14 (Wednesday) | Sinhala & Tamil New Year Day | Local |
May 3 (Monday) | In Lieu of May Day | Local |
May 27 (Thursday) | Wesak Full Moon Poya Day | Local |
May 31 (Monday) | Memorial Day | American |
July 05 (Monday) | In lieu of Independence Day | American |
August 24 (Tuesday) | Nikini Full Moon Poya Day | Local |
September 06 (Monday) |
Labor Day | American |
October 11 (Monday) | Columbus Day | American |
November 11 (Thursday) | Veteran’s Day | American |
November 25 (Thursday) | Thanksgiving Day | American |
December 20 (Monday) | Unduvap Full Moon Poya Day | Local |
December 24 (Friday) | In Lieu of Christmas Day | American |
Americans traveling or residing overseas often find themselves in need of services routinely performed by Consular Officers at an American Citizen Services Post. The services most often sought by Americans abroad include: Passport renewal, adding of new visa pages, Consular Reports of Birth Abroad, and notarial services. As an example, in Thailand, many Americans wishing to register a marriage in the Kingdom must first obtain a notarized affidavit from the US Embassy Bangkok or the US Consulate Chinag Mai stating that they are legally free to marry.
Those seeking services at a United States Embassy or United States Consulate are well advised to check the holiday closing schedule before traveling to the post. Furthermore, those with business before the American Citizen Services Section of a US Consulate should ascertain whether or not the post takes appointments online. By scheduling an appointment in advance an American Citizen, or foreign national with business before the post, can put the Consular Staff on notice of expected services, which allows for more efficient service, and ensure that a place in line as some appointment times can be pre-booked online.
Those seeking visas are well advised to check with the local visa unit (either non-immigrant or immigrant depending upon the visa category) of the Consulate to learn about appointment booking procedures which may vary from post to post. For more information about United States Immigration please see: K1 visa.
7th August 2010
Federal Court Finds California’s Same Sex Marriage Ban UnConstitutional
Posted by : admin
This blog frequently discusses topics related to LGBT rights and United States Immigration. At the time of this writing, the Defense of Marriage Act (DOMA) creates a legal bar upon immigration rights for same sex couples as opposed to different-sex couples who may receive US Immigration benefits based upon a marital relations ship (US Marriage Visa) or an intended marital union in the United States (Fiance Visa). In recent months, there have been many developments which are leading many to believe that a repeal of DOMA will likely come soon. In a recent posting on the Immigration Equality blog that author noted a recent California Court decision which upheld same sex couples’ right to marry in the State of California:
In a recent Massachusetts Federal Court decision a Judge held that the Federal government’s failure to recognize a duly formalized same sex marriage in Massachusetts was unconstitutional. However, there will not likely be any practical effect of this decision in the near term as that Judge placed a stay on his Judgment pending appeal. As the above quote noted, there will likely be a stay on this decision, at least for immigration purposes, until a higher court decides the outcome of the case on appeal. That said, the following is quoted from a recent press release from UPI:
“SAN FRANCISCO, Aug. 6 (UPI) — Same-sex marriage backers filed court motions Friday urging a judge to allow such marriages in California immediately while his ruling in the case is appealed.
U.S. District Chief Judge Vaughn R. Walker has said he would issue a ruling on the matter after he reviews written arguments submitted by proponents and opponents of same-sex marriage, the Los Angeles Times reported.
California Gov. Arnold Schwarzenegger and Attorney General Jerry Brown submitted arguments urging the judge to authorize same-sex marriages during the appeal process. Schwarzenegger noted the state performed about 18,000 same-sex marriages before the practice was banned with the November 2008 voter approval of Proposition 8.
“Government officials can resume issuing such licenses without administrative delay or difficulty,” the governor’s office said in its submission to the court.
Brown, the Democratic nominee for governor in the November election, argued in writing there is “the potential for limited administrative burdens should future marriages of same-sex couples be later declared invalid” but he said “these potential burdens are outweighed” by the constitutional rights Walker spoke of in his ruling that Proposition 8 violated the U.S. Constitution.
Lawyers for Proposition 8 backers argued same-sex marriages performed in California before the case is heard by the U.S. Supreme Court would be at risk of instability.”
Although the recent decision may not have an immediate direct impact on LGBT Immigration rights, if the Judge grants same sex couples the right to marry in California while the case is pending appeal it would provide a large number of couples with an opportunity to solemnize a marital relationship.
How this issue will ultimately be resolved remains to be seen. However, this issue is quickly becoming a major focal point for interpretation of legal doctrines such as Federalism, States’ Rights, and Substantive Due Process. Ultimately, all of the issues associated with same sex marriage and Same Sex Visa Benefits may need to be adjudicated by the United States Supreme Court.
6th August 2010
Holiday Closing Schedule for the US Consulate in Chennai, India
Posted by : admin
As stated in recent postings on this blog, Holiday Closing Schedules for US Embassies and US Consulates overseas are routinely posted on this site in order to provide insight to those American travelers abroad who may be seeking services from a US Embassy or US Consulate located in one’s host country. Also, foreign nationals seeking services at an American Mission abroad may benefit from information regarding Post closure. The following Holiday closing schedule is directly quoted from the official website of the United States Consulate in Chennai, India:
The U.S. Mission will officially observe only the holidays listed below.
Date Day Holiday Type January 1 Friday New Year’s Day American January 14 Thursday Pongal/Tamil New Year’s Day
(not for Karnataka)Indian January 15 Friday Thiruvalluvar Day Indian January 18 Monday Martin Luther King’s Birthday American January 26 Tuesday Republic Day Indian February 15 Monday Washington’s Birthday American April 2 Friday Good Friday Indian April 14 Wednesday Dr. Ambedkar’s Birthday Indian May 31 Monday Memorial Day American July 5* Monday Independence Day American September 1 Wednesday Krishna Jayanthi Indian September 6 Monday Labor Day American September 10 Friday Idu’l Fitr (Ramzan) Indian October 11 Monday Columbus Day American November 1 Monday Karnataka Rajyotsava Day
(for Karnataka only)Indian November 5 Friday Deepavali Indian November 11 Thursday Veteran’s Day American November 17 Wednesday Idu’l Zuha (Bakrid) Indian November 25 Thursday Thanksgiving Day American December 17 Friday Muharram Indian December 24** Friday Christmas Day American * in lieu of July 4, Sunday
** in lieu of December 25, Saturday
Generally, Americans seeking assistance at a US Embassy or US Consulate overseas are in need of services such as Passport replacement, retrieval of a Consular Report of Birth Abroad, addition of visa pages, or signature notarization. For services such as this American Citizens are generally wise to check with the American Citizen Services (ACS) section of an Embassy or Consulate overseas in order to ascertain if appointments can be scheduled online. The reason why this is so important is due to the fact that many ACS sections have a great deal of demand placed upon their time. Therefore, scheduling an appointment in advance and specifying the services sought can assist the Consular Officers in streamlining their services in such a way that the customers needs are met quickly, efficiently, and effectively.
Those seeking a US visa abroad must check each Post’s policy regarding visa interview scheduling. Generally, non-immigrant visa interviews are conducted in a different manner compared to Immigrant visa interviews. It has been this author’s experience that for purposes of visa application adjudications abroad K1 visa applications are treated as Immigrant visa applications even though the visa itself is a non-immigrant quasi-dual intent travel document.
5th August 2010
New Lockbox Facility To Receive K1 Visa Petitions
Posted by : admin
This blog routinely discusses both the US Marriage Visa and the US fiance visa as these are popular travel documents for the loved ones of Americans Citizens or Lawful Permanent Residents. The Fiancee visa is generally referred to as the K1 visa while many refer to the US Marriage Visa as the K3 Visa. Strictly speaking, this is not the correct appellation as the K3 Visa is a special non-immigrant marriage visa that has been phased out through the National Visa Center’s use of “Administrative Closure”.
Those who file for a classic US marriage visa are likely to have noted that the petition was sent to a “lockbox” of the United States Citizenship and Immigration Service (USCIS). These “lockboxes” are used to receive documentation. In a way, they are something of a clearinghouse for visa petitions as they receipt the petitions in, assign them a number, and forward the file on to the appropriate service center.
In the recent past, this was not the way in which I-129f visa petitions were submitted to USCIS. In the past, the petitioner would submit the petition directly to the appropriate service center. However, a recent announcement from USCIS confirmed that this will no longer be the procedure for filing petitions for an American fiance visa. To quote directly from the USCIS press release:
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a change in filing location instructions and addresses for the Petition for Alien Fiancé(e) (Form I-129F). The new instructions, dated 6/14/10, are part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications/petitions and fees.
Many feel that utilization of a “lockbox” facility will help streamline the adjudication process for fiancee visa petitions. Every year, the United States Citizenship and Immigration Service processes a large number of fiance visa petitions. The caseload is currently rather bifurcated as these petitions are sent directly to a service center (currently there is one service center in Vermont and one in California). However, this method is rather cumbersome. Hopefully, by receiving all I-129f petitions in one centralized facility the process will be streamlined and made more efficient as cases can be sent to the service center with the capacity to handle the caseload.
For more about USCIS processing of K1 visa petitions please see: processing times.
4th August 2010
Holiday Closing Schedule For US Consulate in Mumbai
Posted by : admin
Every year, many Americans travel throughout Asia. As a result, these American travelers sometimes find themselves in need of services that can only be handled by an officer of the government of the United States of America. For example, an American Citizen who loses his or her passport overseas is well advised to travel to the nearest US Embassy or US Consulate in order to apply for a replacement passport. Unbeknownst to some, American Missions abroad generally close their facilities in observance of both American holidays as well as holidays observed in the host country. This author has personally traveled to the US Embassy Bangkok only to find the Post closed in observance of American Veterans’ Day. Hopefully, by posting Embassy and/or Consulate holiday closing schedules on this blog it will forestall futile travel to a closed Post. The following is directly quoted from the official website of the United States Consulate in Mumbai, India:
Holidays 2010
Date
Day
Holiday
American/Indian
January 01
Friday
New Year’s Day
American
January 14 Thursday Makar Sankaranti (for Ahmedabad USCS only) Indian January 18
Monday
Martin Luther King’s B’Day
American
January 26
Tuesday
Republic Day
Indian
February 12 Friday Mahashivratri Indian February 15
Monday
Washington’s Birthday
American
March 1
Monday
Holi
Indian
March 16
Tuesday
Gudi Padwa (for Ahmedabad USCS only)
Indian
April 2
Friday
Good Friday
Indian
May 27
Thursday
Buddha Pournima
Indian
May 31
Monday
Memorial Day
American
July 05 *
Monday
Independence Day
American
August 19 Thursday Parsi New Year Indian September 06
Monday
Labor Day
American
September 10 Friday Ramzan-Id (Id-ul-Fitar) Indian October 11
Monday
Columbus Day
American
November 5
Friday
Diwali (Laxmi Pujan)
Indian
November 11
Thursday
Veterans’ Day
American
November 17 Wednesday Bakri Id (Id-ul-Zua) Indian November 25
Thursday
Thanksgiving Day
American
December 24**
Friday
Christmas Day
American
* In lieu of July 4, Sunday
** In lieu of December 25, SaturdayNote: The American Citizens Services Unit will remain closed for services on every last Wednesday of each month for administrative purposes.
American Citizen Services (ACS) generally assists US Citizens, or Lawful Permanent Resident traveling abroad, with matters such as Passport issuance, Consular Report of Birth Abroad issuance, issuance of new visa pages, as well as notarizations. Those who may need to request the services of ACS are well advised to check the holiday closing schedule and also look to the official Consulate website in order to ascertain whether or not the Post provides online appointment scheduling. Scheduling an appointment online can greatly streamline dealing with ACS as Consular Officers are put on notice of requested services and can plan accordingly.
3rd August 2010
Holiday Closing Schedule For US Consulate in Kolkata, India
Posted by : admin
This blog frequently posts the holiday closing schedules of US Embassies and US Consulates overseas in an effort to forestall Americans or foreign nationals making an unnecessary and fruitless trip to the Post facilities of a US Mission abroad. The following is the holiday closing schedule for the United States Consulate-General in Kolkata, India as quoted directly from the official website of the US Consulate in Kolkata:
The U.S. Consulate General, the Consular/Visa Section, the Public Affairs Office at the American Center comprising of The American Library(AIRC), USIEF(United States India Educational Foundation) and the United States Foreign Commercial Service at Kolkata, India will observe the following American and Indian holidays in the year 2010.
DATE
DAY
HOLIDAY
TYPE
January 1
Friday
New Year’s Day
American
January 18
Monday Martin Luther King’s Birthday
American
January 20
Wednesday
Shree Panchami
Indian
January 26
Tuesday
Republic Day
Indian
February 15
Monday
Washington’s Birthday
American
April 02
Friday
Good Friday
Indian
April 15
Thursday
Bengali New Year
Indian
May 31
Monday
Memorial Day
American July 5
Monday*
Independence Day
American
September 6
Monday
Labor Day
American
October 11
Monday
Columbus Day
American
October 14
Thursday
Durga Puja(Saptami)
Indian
October 15
Friday
Durga Puja(Ashtami)
Indian
October 22
Friday
Lakshmi Puja
Indian
November 05
Friday
Kali Puja
Indian November 11
Thursday
Veterans’ Day
American
November 17 Wednesday
Id-Ul-Zoha
Indian November 25 Thursday
Thanksgiving Day
American December 17 Friday
Muharram
Indian December 24 Friday**
Christmas Day
American
*In lieu of Sunday , 7/4/10
** In lieu of Saturday, 12/25/10
Some of the popular reasons why American Citizens travel to a US Consular Post or a US Embassy overseas is to obtain new passports, visa pages, Consular Reports of Birth Abroad, or notarizations from the American Citizen Services Section of the Consulate. Those seeking such services are well advised to check the operating hours of the American Citizen Services Section of the Consulate as well as the holiday closing schedule in order to forestall a futile trip to the Post due to unforeseen closure.
It should also be noted that many United States Embassies and United States Consulates allow those with business at the post to book appointments online. This provides the Consular staff with an opportunity to better prepare to provide appropriate services to those seeking Consular assistance abroad.
Those seeking a visa to the United States do not deal with the American Citizen Services section of most US Consulates and/or Embassies as American visa applications are generally adjudicated by either the Immigrant visa unit or the non-immigrant visa unit (generally for purposes of Consular adjudication of a visa application the K1 visa is considered an Immigrant visa).
2nd August 2010
Holiday Closing Schedule for US Consulate in Hyderabad, India
Posted by : admin
Frequently, the administration of this blog posts holiday closing schedules for US Embassies and US Consulates overseas. This information is posted in an effort to forestall unnecessary trips to a US Embassy or US Consulate abroad. Many natives of the host country of an American Mission abroad are unaware of some of the holidays celebrated by Americans (which may result in the closing of a Post abroad in observance of said holidays). Furthermore, many Americans are unaware of certain local holidays observed by the host country (which may also necessitate Post closure). The following information is conveyed in an effort to provide clarification regarding Post closure. To quote directly from the official website of the US Consulate in Hyderabad, India, the following is a breakdown of the holidays observed by that Post:
DATE | DAY | HOLIDAY | TYPE |
January 1 | Friday | New Year’s Day | American |
January 14 | Thursday | Pongal | Indian |
January 18 | Monday | Martin Luther King’s Birthday | American |
January 26 | Tuesday | Republic Day | Indian |
February 12 | Friday | Maha Shivarathri | Indian |
February 15 | Monday | Washington’s Birthday | American |
March 1 | Monday | Holi | Indian |
March 16 | Tuesday | Ugadi | Indian |
April 2 | Friday | Good Friday | Indian |
May 27 | Thursday | Buddha Purnima | Indian |
May 31 | Monday | Memorial Day | American |
July 5* | Monday | Independence Day | American |
September 2 | Thursday | Janamashtami | Indian |
September 6 | Monday | Labor Day | American |
October 11 | Monday | Columbus Day | American |
November 5 | Friday | Diwali | Indian |
November 11 | Thursday | Veterans Day | American |
November 25 | Thursday | Thanksgiving Day | American |
December 17 | Friday | Muharram | Indian |
December 24** | Friday | Christmas Day | American |
* in lieu of July 4, 2010.
** in lieu of December 25, 2010.Note: In the year 2010, two Indian National Holidays – Independence Day and Gandhi Jayanthi fall on a Sunday and Saturday. The post will observe these holidays on Sunday, August 15, 2010 and Saturday, October 2, 2010 respectively”
Many Americans traveling abroad seek services from a US Consulate or Embassy overseas. Those who seek services from an American Citizen Services section of a US Embassy or US Consulate are well advised to check the local Post’s hours of operation, holiday closing schedule, and also ascertain whether or not the Post takes appointments online. For those seeking services from a US Consulate overseas, the process can be far more efficient where an American makes an appointment online s the appointment system often provides the customer with the opportunity to explain the services sought prior to the appointment date. This provides the Consular Officers with an opportunity to prepare themselves to best serve the customer’s needs.
United States Visa applications are not generally adjudicated by the American Citizen Services Section of a US Consulate. For more information about US Immigration generally please see: US visa.
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