USCIS, July 16, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the new provisions added to the Immigration and Nationality...
DOS, July 15, 2024 " On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college...
Cyrus D. Mehta and Jessica Paszko, July 13, 2024 "Portability under Section 204(j) of the Immigration and Nationality Act (INA) allows certain employment-based green card applicants to change jobs...
This document is scheduled to be published in the Federal Register on 07/12/2024 "The Department of State (the Department) publishes a final rule revising the Code of Federal Regulations to amend...
Visa Bulletin for August 2024
Adjei v. Mayorkas
"We consider here whether the Commonwealth of Virginia would recognize a divorce granted by a foreign nation to its own citizens when neither spouse was domiciled in that nation at the time of the divorce. The question arises from Michael Antwi Adjei’s marriage to Barbara Boateng after Boateng and Kingsley Kwame Gyasi — both Ghanaian citizens — divorced pursuant to Ghanaian customary law. At the time of the divorce, Boateng and Gyasi were lawful permanent residents of the United States and neither was present or domiciled in Ghana. Based on his marriage to Boateng, Adjei became a lawful permanent resident of the United States. But when Adjei applied to become a naturalized citizen, United States Citizenship and Immigration Services (USCIS) determined that he and Boateng were not validly married. USCIS reasoned that under controlling Virginia law, the Commonwealth would not recognize a divorce granted by a nation where neither spouse was domiciled at the time of the divorce. Adjei sought review of the decision in the district court, which granted summary judgment to USCIS. Adjei then brought this appeal. We conclude that, as a matter of comity, Virginia would recognize this otherwise valid divorce, granted by a foreign nation to its own citizens, regardless of the citizens’ domicile at the time. We therefore reverse and remand with instructions to grant Adjei’s naturalization application."
[Hats off to Ann Buwalda and Jason West!]