Integrity Legal

On June 3rd the United States Senate held hearings on the Uniting American Families Act for the first time. This was a historic event because it marked the first time in history that the Senate held hearing regarding Same-Sex Family Immigration matters.

For those unfamiliar with the UAFA, it is a bill that would add the term “Permanent Partner” to the list of those eligible for US Immigration benefits based upon a family relationship. Under the Defense of Marriage Act, the Federal government only recognizes marriage between a man and a woman. The UAFA creates a new category of family member, namely: Permanent Partners.

A note of importance, the President of AILA , The American Immigration Lawyers Association, submitted a statement to the committee supporting the enactment of the Uniting of American Families Act. An interesting quote from the statement:

“[S]ame sex partners of U.S. citizens and legal permanent residents are not recognized as family members under current immigration law, no matter how long-term or committed the relationship. This outdated and biased definition forces U.S. citizens and legal permanent residents to make unconscionable, life-altering decisions to either relocate to a foreign country or permanently separate from their loved ones.”

The hearing was punctuated by the heart wrenching story of an immigrant partner who was taken away by US Immigration officers and deported in full view of her partner and family members in the USA.  The witness said on the record, “I was put into a van with two men in yellow jump suits and chains and searched like a criminal, in a way I have only seen in movies.”

On a related topic, the American State Department recently changed internal rules in order to allow same-sex partners of State Department employees the same rights as different sex couples. US Secretary of State was quoted as saying such rule changes were the “right thing to do.”

Current Immigration law still does not allow American Immigration benefits for same sex loved ones of American Citizens, but the above changes in guidelines and proposed enactments would greatly equalize immigration law to the benefit of same sex couples. It should be noted that this proposed legislation would have no effect on the Defense of Marriage Act, nor would it have any effect with regard to gay marriage. Instead, it would grant immigration benefits to persons previously not qualified to receive them.

(Nothing contained herein is to be construed as legal advice. No lawyer/client relationship is created by reading this post)

Tags: AILA, gay immigration, gay us visa, gay visa, lgbt immigration, same sex, Same Sex Marriage, same sex visa, uafa, Uniting American Families Act, US Visa Thailand
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The American State Department, as of May 24th, has begun offering benefits to same sex partners of American diplomats and State Department employees. This comes after many years of the US State Department refusing to grant benefits to same sex partners and spouses. The justification that the state department previously used was based upon the Defense of Marriage Act. State Department officials often sighted DOMA claiming that it precluded allowing benefits for same sex partners.

The current move made by the State Department signals a major shift in state department policy on the issue of same sex domestic issues. Of great import is the fact that among other benefits, same sex partners will be issued diplomatic passports along with their diplomat partner or spouse.

In a State Department memo circulated pursuant to this regulatory change Secretary of State Hilary Rodham Clinton hinted that this change was overdue. Secretary Clinton stated, “At bottom, the department will provide these benefits for both opposite-sex and same-sex partners because it is the right thing to do,”

This begs the question that if, at bottom, these benefits ought to be conferred because “it is the right thing to do,” then isn’t granting same sex couple’s US Family Immigration benefits the right thing to do as well? The Uniting of American Families Act is a piece of legislation that would allow US citizens to obtain US visas for their alien same sex partner.

In this situation, the US State Department has disregarded the spirit of the Defense of Marriage Act by conferring these benefits upon same sex partners and will likely prevail in doing so because offering these benefits is a prerogative of the Secretary of State and under the bailiwick of the executive branch of the United States government (Under the doctrine of Separation of Powers, there are certain areas in which each branch of government cannot be challenged by another branch).

The UAFA also subtly avoids the restrictions imposed by the Defense of Marriage Act by creating a new category of US Visa under the United States Immigration an Nationality Act. This new visa category would allow an alien to obtain a US visa based upon family relationship if the meet the definition of “permanent partner.”

As we have previously stated on this blog, the US Immigration implictions of the enactment of the Uniting of American Families Act would be a watershed for Same Sex immigration rights as well as a very interesting case study in conflict of laws.

For more information on US Immigration from Thailand Please see:

K1 Visa Thailand

Fiance Visa Thailand

K3 Visa Thailand

(Please note that the information contained herein is for educational purposes only and should not be used as a substitute for legal advice. No lawyer client relationship is formed between author and reader).

Tags: gay visa, lgbt visa, permanent partner visa, same sex visa, uafa, Uniting American Families Act
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The Uniting of American Families Act (UAFA) is a bill currently in Congress that would amend the US Immigration and Nationality Act in an effort to end discrimination against gay, lesbian, bisexual, and the trans-gendered US Immigration legislation by allowing “permanent partners” of US Citizens and permanent residents to obtain lawful permanent resident status in the same way as conventional spouses of American citizens and lawful permanent residents and to penalize immigration fraud related to non-bona fide “permanent partnerships.”

The most important aspect of this legislation is the addition of the term “permanent partner,” to current Immigration law. Under the proposed legislation proving permanent partnership would be defined as someone who:

(A) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment;

(B) is financially interdependent with that other individual;

(C) is not married to or in a permanent partnership with anyone other than that other individual;

(D) is unable to contract with that other individual a marriage cognizable under this Act; and

(E) is not a first, second, or third degree blood relation of that other individual.

...with liberty and justice for ALL

In my opinion, these “permanent partner” visas will require a great deal more evidence to prove a relationship than a conventional marriage visa, but at the same time it could closely resemble the K1 Fiance Visa in that, the K1 is a visa not based upon a marriage but an underlying bona fide relationship between the petitioner and the beneficiary.  After the sweeping election of Democrats in November there is a better chance than ever that this legislation will pass, but in order to get this through it may still require pressure being brought to bear on local Congressmen and Senators. So if this is an issue for you or someone you know, then call your local representative and tell them to vote for the Uniting of American Families Act.

Should this legislation be passed it would be a major victory for the LGBT Immigration movement. For more information please visit the following sites:

Immigration Equality

UAFA on Wikipedia

LGBT Immigration Rights

Tags: Gay Rights, gay us immigration, gay visa, LGBT US Visa, permanent partner, Same Sex Marriage, same sex visa, uafa
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