A memo recently released by Immigration and Customs Enforcement (ICE) clarifies how same-sex relationships should be considered when evaluating requests for prosecutorial discretion. One of the criteria that the government uses in evaluating these requests is the existence and strength of “family relationships.”

The fact that someone had a spouse, children, parents and family members in the United States is seen as a positive factor. However, the treatment same-sex couples were receiving in various district offices when their requests were being evaluated had not been consistent. This is partly due to the fact that states have differing laws on the ability for same-sex couples to marry and be recognized as a spouse, be part of a civil union or none of the above.

This new memo dictates that individuals who are in a relationship with someone of the same sex should be treated as having a family relationship with that person even if they are not in a civil union or married under state law.

It is important to note that this is not the only consideration that the government evaluates when deciding whether to proceed with removal and speaking with an attorney is in a person’s best interest when thinking about submitting a prosecutorial discretion request.

The Law Office of Susan N. Rosti, Esq. has the experience you need plus a proven track record in representing immigration, deportation and related legal cases. Attorney Rosti specializes in this area of law and understands that an individual needs a lawyer to explain their options clearly and assist them in achieving the best resolution possible. Call The Law Office of Susan N. Rosti, Esq. today at 973.883.5977 to schedule a consultation today if you are facing immigration and / or deportation issues and need representation.