Integrity Legal

The issue of Comprehensive Immigration Reform (CIR) is frequently discussed on this blog as it could be one of the most significant issues of the forthcoming legislative sessions as so many individuals could be impacted by changes to the laws upon which the American Immigration system is based. With that in mind, this author discovered an interesting question and answer session between members of the American press and President Barack Obama. The following is a direct quotation from the transcript of this Q & A session as posted upon the American Immigration Lawyers Association website. To quote the transcript and the President directly:

I have consistently, even before I was a presidential candidate, but when I was a U.S. senator and when I was running for U.S. senator, said that we have to move forward on comprehensive immigration reform.

Bill Richardson and I have had a lot of conversations about this. This is a nation of immigrants. It was built on immigrants — immigrants from every corner of the globe who brought their talent and their drive and their energy to these shores because this was the land of opportunity. Now, we’re also a nation of laws so we’ve got to make sure that our immigration system is orderly and fair. And so I think Americans have a legitimate concern if the way we’ve set up our immigration system and the way we are securing our borders is such where people just kind of come and go as they please, well, that means that folks who are waiting, whether it’s in Mexico City or in Nairobi, Kenya, or in Warsaw, Poland — if they’re waiting there filling out their forms and doing everything legally and properly and it takes them five years or six years or 10 years before they’re finally here and made legal, well, it’s not fair to them if folks can just come and ignore those laws.

So what we — I think is so important to do is for us to both be a nation of laws and affirm our immigrant traditions. And I think we can do that. So what I’ve said is, look, yes, let’s secure our borders; yes, let’s make sure that the legal immigration system is more fair and efficient than it is right now because if the waiting times were lessened then a lot of people would be more prone to go through a legal route than through an illegal route; let’s make sure that we’re cracking down on employers who are taking advantage of undocumented workers to not pay them overtime or not pay them minimum wage or not give them bathroom breaks; let’s make sure that we’re cracking down on employers to treat all workers fairly. And let’s provide a pathway to citizenship for those who are already here, understanding that they broke the law, so they’re going to have to pay a fine and pay back taxes and I think learn English, make sure that they don’t have a criminal record. There are some hoops that they’re going to have to jump through, but giving them a pathway is the right thing to do.

Now, unfortunately, right now this is getting demagogued. A lot of folks think it’s an easy way to score political points is by trying to act as if there’s a “them” and an “us,” instead of just an “us.” And I’m always suspicious of politics that is dividing people instead of bringing them together. I think now is the time for us to come together. And I think that economically, immigrants can actually be a huge source of strength to the country. It’s one of our big advantages is we’ve got a younger population than Europe, for example, or Japan, because we welcome immigrants and they generally don’t. And that means that our economy is more vital and we’ve got more people in the workforce who are going to be out there working and starting businesses and supporting us when we’re retired, and making sure Social Security is solvent. All those things are important.

So this is a priority that I continue to have. Frankly, the problem I’ve had right now is that — and I don’t want to get into sort of inside baseball by Washington. But basically the rules in the United States Senate have evolved so that if you don’t have 60 votes, you can’t get anything through the United States Senate right now. And several years ago, we had 11 Republican senators who were willing to vote for comprehensive immigration reform, including John McCain. They’ve all reversed themselves. I can’t get any of them to cooperate. And I don’t have 60 Democrats in the Senate.

And so we’re going to have to do this on a bipartisan basis. And my hope is, is that the Republicans who have said no and have seen their party I think use some unfortunate rhetoric around this issue, my hope is, is that they come back and say, you know, this is something that we can work on together to solve a problem instead of trying to score political points. Okay?

One major concern voiced by those making visa petitions and applications outside of the United States is that of the seeming inequities posed by the possibility of some sort of an amnesty for undocumented aliens currently in the United States. Many prospective immigrants feel that it is somewhat unjust to allow those who broke immigration rules at the outset to be granted a benefit while those waiting for their visa petition or application to process through various agencies and Departments are not accorded any special treatment while they assiduously obey relevant American Immigration laws. When one ponders this situation it would seem rather obvious that the current system is in need of reform, but as the President’s remarks imply, the problem is multi-faceted and cannot be solved quickly or easily as so many individuals and organizations have considerable interests which could be effected by a change to current US Immigration laws, regulations, and policies. Hopefully, some sort of framework can be devised which will deal with the plight of undocumented aliens while maintaining some sort of equitable position for those who chose not to travel to the USA without proper documentation.

Meanwhile, there are many who hope that any Comprehensive Immigration Reform legislation will address the issues associated with same-sex bi-national couples who wish to enjoy immigration benefits equal to those of their different-sex counterparts. In the past, legislation such as the Uniting American Families Act (UAFA) was introduced in an effort to remedy the current restrictions imposed by provisions of the Defense of Marriage Act (DOMA), but such legislation has yet to be passed by the American Congress. It was recently announced that a bill proposed in the US Senate would address CIR issues and includes language designed to redress the discrimination imposed upon LGBT couples by DOMA. Although it remains to be seen how this issue will be resolved many are hopeful that Comprehensive Immigration Reform will redress many of the inequities arising from the current state of US law pertaining to immigration.

For related information please see: Comprehensive Immigration Reform or Same Sex Bi-National Visa.

Tags: CIR, CIR news, Comprehensive Immigration Reform, Defense of Marriage Act, DOMA, LGBT Immigration News, LGBT Immigration rights, LGBT Visas, Same Sex Bi-National Couple, Same Sex Bi-National Couples, Same Sex Bi-National Visa, Same Sex Marriage, same sex visa, uafa, UAFA News, Uniting American Families Act, US Immigration, US Immigration News, US Visa
Posted in Comprehensive Immigration Reform, lgbt immigration, News, same sex visa, US Visa, US Visa and Immigration | No Comments »

ประเด็นที่เป็นข้อถกเถียงในวงการกฎหมายคนเข้าเมืองเกี่ยวกับการเลือกปฏิบัติและข้อบังคับของกลุ่มเลสเบี้ยน เกย์ ไบเซ็กชวล และผู้ที่แปลงเพศในบริบทของการเข้าเมืองสหรัฐอเมริกา บทความนี้จะชี้แจงเกี่ยวกับวีซ่าสหรัฐอเมริกาของ LGBTสำหรับผู้ที่เป็นคู่รักของพลเมืองอเมริกันและผู้มีถิ่นฐานถาวรอย่างถูกต้องตามกฎหมาย

คู่ที่มีความแตกต่างทางเพศมักพบปัญหาในการขอวีซ่าสหรัฐอเมริกาประเภทท่องเที่ยวตามมาตรา 214(b) ตามพระราชบัญญัติสัญชาติ และคนเข้าเมืองสหรัฐอเมริกา กฎหมายฉบับนี้ให้เจ้าหน้าที่กงสุลมีอำนาจในการออกวีซ่าแก่ผู้ยื่นคำขอที่มีความตั้งใจจะย้ายไปอยู่สหรัฐอเมริกาเว้นเสียแต่ว่าเขาจะแสดงหลักฐานที่ลบล้างข้อสันนิษฐานนั้น หลักนี้ใช้สำหรับคู่ที่มีความแตกต่างทางเพศของพลเมืองอเมริกันและผู้ที่มีถิ่นฐานถาวรตามกฎหมาย อย่างไรก็ตามมาตรา 214(b) ภายใต้กฎหมายอเมริกันเกี่ยวกับคู่ที่เป็นเพศเดียวกัน รัฐบาลกลางสหรัฐอเมริกาและเจ้าหน้าที่ไม่นำมาตรานี้มาใช้กับคู่เพศเดียวกัน ตั้งแต่มีการบังคับใช้พระราชบัญญัติคุ้มครองการแต่งงาน(DOMA)

การละเลยทางกฎหมายของความสัมพันธ์กับเพศเดียวกันส่งผลให้การขอวีซ่าสหรัฐอเมริกาประเภทท่องเที่ยวนั้นลดลงเมื่อเปรียบเทียบกับคู่ต่างเพศเนื่องจากเจ้าหน้าที่ผู้มีอำนาจสามารถแสดงข้อเท็จจริงได้ว่า คู่เพศเดียวกันไม่สามารถที่จะใช้วีซ่าประเภทท่องเที่ยวเพื่อที่จะปรับเปลี่ยนประเภทของวีซ่าสหรัฐอเมริกาเนื่องจากUSCISไม่สามาถปรับเปลี่ยนประเภทวีซ่าของคู่เพศเดียวกัน แม้ว่าการแต่งงานนั้นจะถูกต้องตามกฎหมายของอเมริกาตามพระราชบัญญัติการคุ้มครองการแต่งงาน ดังนั้นการขอวีซ่าสำหรับคู่เพศเดียวกันนั้นอาจจะได้รับการอนุมัติวีซ่ามากกว่าคู่ต่างเพศ แต่คู่ต่างเพศอาจแต่งงานได้อย่างถูกต้องตามกฎหมายในสหรัฐอเมริกาและดินแดนที่มีเขตอำนาจและสามารถทำคำร้องเพื่อขอรับสิทธิประโยชน์ได้ ผู้ที่จะได้รับสิทธิประโยชน์ของวีซ่าสหรัฐอเมริกาประเภทคู่หมั้นนั้นขึ้นอยู่กับการดำเนินการตามกฎหมายภายใน 90 วันนับแต่วันที่คู่หมั้นชาวต่างชาติเข้าไปในสหรัฐอเมริกา

จนกระทั่งมีการยกเลิกพระราชบัญญํติคุ้มครองการแต่งงานโดยสภาคองเกรส (อาจเกิดขึ้นในช่วงของการปฏิรูปการเข้าเมือง) หรือโดยศาลสหรัฐอเมริกา(อาจจะเกิดขึ้นในกรณีที่หนึ่งในสองคดีอยู่ในอำนาจของศาลอุทธรณ์) คู่เพศเดียวกันอาจจะได้รับสิทธิประโยชน์ที่ใกล้เคียงกันกับคู่ต่างเพศในเรื่องของการดำเนินการขอวีซ่าท่องเที่ยว

Tags: 214(b), Defense of Marriage Act, DOMA, USCIS
Posted in สถานทูตสหรัฐอเมริกาประจำประเทศไทย, ้วีซ่าอเมริกาจากประเทศไทย | No Comments »

Those who follow this blog frequently may take note of the fact that the administration carefully follows the issues associated with LGBT Immigration rights in the United States of America. In a recent posting by Melanie Nathan on the website LezGetReal.com it was noted that LGBT immigration legislation may be introduced in the US Congress quite soon:

Sen. Robert Menendez of New Jersey is expected to introduce comprehensive immigration legislation before the Senate adjourns this week for the midterm recess, according to Politico, and a source tells The Advocate that the legislation will be LGBT-inclusive.

In the past, there have been other attempts by Federal legislators to rectify the current legal restrictions placed on LGBT bi-national couples when it comes to the issue of obtaining US Immigration benefits. To continue to quote directly from LezGetReal.com:

There are an estimated 36,000 (minimum the number since the determination in the year 2000 – also not taking account of social media and current increase in internet meeting) Gays and Lesbians who are either American citizens or residents (all referred to as Americans for the purpose of this article,) who are in love and relationship with a foreigner. Gay and lesbians are denied equality under the Federal Immigration laws of this Country, to sponsor same-sex partners or  State recognized spouses for immigration (greencards) to the USA.

LGBT couples (and the appellation LGBT includes Bi-sexual and Transgender couples and individuals as well as Lesbian or Gay couples and individuals) are currently barred from receiving the same family based immigration benefits as different-sex couples. This restriction is imposed pursuant to the Defense of Marriage Act (DOMA). DOMA prevents same sex couples (even those lawfully married under state law) from receiving recognition of their marriage in the eyes of the Federal government (and the benefits which may arise therefrom, including immigration benefits such as the K3 visa, CR1 visa, or IR1 visa or in cases where a couple intends to enter into a marriage in the USA: a K1 visa). There are those who argue that application of DOMA violates the doctrine of States’ Rights. At the same time, others point to the violation of the civil rights of the American Citizen (or Lawful Permanent Resident) petitioners whose Constitutional rights may be being violated through continued enforcement of DOMA. That said, the issue remains a highly charged political matter, to quote further from the aforementioned website:

So here we are – a Congress that may well go into lame duck, a Congress that failed to repeal DADT, that showed no compassion for the children of the immigrant DREAM ACT – and a UAFA barely in the conscience of leadership, unknown to mainstream America and also barely in the minds of our lesbian and gay sisters and brothers. The question is are we going to be in the Menendez Bill as a pawn, a promise or yet another wedge that will render Immigration Reform impossible in this political climate.

Remember it IS the American who lacks the Equality – and is being discriminated against.  ALL Americans in committed relationships, except gays and lesbians,  have the right to remain in the USA with the person whom they love.

It is not the immigrant per se, who has the right, as immigration is a privilege afforded a foreigner; it is the American who has the right and it is indeed a Civil Right and a Human Rights issue.

The UAFA noted above is an acronym for the Uniting American Families Act, a bill that has, in different forms, been floating around the US Congress for some time. One of the major proponents of this legislation is Representative Jerrold Nadler who has repeatedly supported and introduced legislation which would give equal immigration rights to LGBT couples. It is interesting that the above cited piece brings up the issue of the American Citizen’s rights with regard to US Immigration matters. Although foreign nationals do not necessarily have the same rights under the US Constitution as Citizens there is no doubt that Americans are protected by the provisions of the Constitution. It is this authors opinion that this situation may very well be ultimately decided by the US Courts rather than the US legislature as there are currently two cases pending in two different circuits which could result in the full or partial repeal of DOMA. With regard to immigration, DOMA compels the US Federal government to restrict US family immigration benefits to different-sex couples. Notwithstanding that jurisdictions such as Massachusetts allow same sex marriage. Therefore, the Federal government may be in violation of the “Full Faith and Credit” Clause of the US Constitution by failing to provide equal immigration benefits to same sex couples married in a jurisdiction in the US where such unions are lawful.

Whether the issue of LGBT immigration rights will ultimately be resolved in the US Courts or the US Congress remains to be seen, but one thing is for sure: the issue has many implications from both a legal and political perspective.

For related information please see: Same Sex Visa.

Tags: American Immigration law, American Immigration News, American Visa, Bisexual Immigration Rights, Defense of Marriage Act, DOMA, Gay Immigration Rights, Lesbian Immigration Rights, lgbt immigration, lgbt visa, permanent partner visa, Same Sex Marriage, same sex visa, Sen. Robert Menendez, Transgender Immigration Rights, uafa, Uniting American Families Act, US Bisexual Visa, US Domestic Partner Visa, US Gay Visa, US Immigration, US Immigration Law, US Immigration News, US Lesbian Visa, US Transgender Visa, US Visa
Posted in CR1 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, lgbt immigration, News, same sex visa, US Visa, US Visa and Immigration | No Comments »

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.

Tags: California Court LGBT Rights, California Court Proposition 8, Defense of Marriage Act, gay immigration, gay visa, LGBT, lgbt immigration, LGBT Rights, lgbt visa, Prop 8, Prop 8 California, Proposition 8, same sex fiance visa, Same Sex K1 visa, Same Sex K3 Visa, Same Sex Marriage, same sex marriage visa, same sex us visa, same sex visa
Posted in lgbt immigration, same sex visa | No Comments »

In recent postings on this blog this author has discussed the Defense of Marriage Act (DOMA) and the ongoing US Court proceedings that are aimed at overturning this legislation in order to accord same-sex bi-national couples with privileges equal to their different-sex counterparts. Recently, a Court in Massachusetts found that the provisions of DOMA run contrary to the United States Constitution. As a result, this decision could greatly modify the framework by which Immigration petitions are adjudicated. Apparently, the Court wishes to delay radical modification of US Immigration law and procedure until such time as all issues can be addressed in an appellate proceeding. It would appear that many same-sex bi-national couples are waiting with baited breathe to see the practical implications of the recent Court decision overturning certain aspects of DOMA. However, there is some delay as the Immigration Equality blog explains.  To quote directly from the Immigration Equality blog as of July 27, 2010:

Many of you have had questions about the status of the DOMA case. Just like you, we are waiting for the court to issue an order which should be happening any day now. Once the order is issued, there will be an automatic 14 day stay. We are almost certain that during that 14 day period, the government will file an appeal and we are almost certain that the stay will remain in effect during the course of the appeal. But we will keep you updated as soon as we learn of any further developments.

Those reading this post are probably curious about the practical ramifications of the “stay” of this decision. The “stay” means that the current mechanism for adjudicating US Immigration petitions will remain in place, at least for now. Therefore, those Americans and Lawful Permanent Residents with a same sex loved one living abroad will still be unable to petition and apply for same sex family visa benefits pursuant to the provisions of DOMA. Many feel, and this author concurs, that the American appellate courts, including the United States Supreme Court, are likely to find DOMA unconstitutional pursuant to American legal doctrines such as “Full Faith and Credit” and “States’ Rights“. However, as the issue remains unresolved it is unwise for anyone to make any irrevocable decisions regarding US LGBT Immigration until a final judgment is handed down without reservation.

It should be noted that judicial intervention is not the only method available for those wishing to see same sex visa benefits accorded in the same manner for those in a same sex marriage or relationship as those in a different sex marriage or relationship. The Uniting American Families Act (UAFA) would provide a statutory framework whereby same sex “permanent partners” could be granted the same Immigration benefits as those in a different-sex marriage or relationship. Although UAFA-like legislation has seen unfailing support from legislators such as Jerry Nadler, many feel that the issue of LGBT Immigration rights will ultimately be adjudicated by the US Courts.

Tags: Defense of Marriage Act, DOMA, Federalism, Full Faith and Credit, Gay K1 visa, gay us visa, lgbt immigration, LGBT K1 visa, LGBT US Visa, Same Sex K1 visa, Same Sex Marriage, same sex visa, States' Rights, uafa, Uniting American Families Act, US Constitution, US Court DOMA, US LGBT Immigration
Posted in lgbt immigration, same sex visa | No Comments »

This blog routinely posts information regarding LGBT Immigration and announcements regarding the campaign for equal immigration rights for same-sex bi-national couples. In a recent blog posting on the Stonewall Democrats blog, it was announced that members of the United States House of Representatives are continuing to call for equal immigration rights for same-sex as well as different-sex couples. To quote directly from the blog:

Supporters of immigration and LGBT rights are renewing their calls on Congress to pass comprehensive immigration reform legislation this year that includes protections for bi-national same-sex couples.  At a press conference Thursday on Capitol Hill, several U.S. House members emphasized the importance of passing legislation to make the nation’s immigration laws more fair and enable LGBT Americans to sponsor their foreign partners for residency in the United States.  The strengthened call for passing comprehensive immigration reform comes as limited time remains in the legislative calendar for this Congress, raising questions about whether lawmakers will be able to address major legislation such as immigration reform this year.  Same-sex partners currently have no recourse under any portion of family law in the U.S. immigration code. The policy threatens to keep an estimated 36,000 bi-national same-sex couples from remaining together in the United States.  Among those who spoke in favor of passing immigration reform inclusive of this language is Rep. Jerrold Nadler (D-N.Y.), who sponsors the Uniting American Families Act, a standalone bill that would address the situation for LGBT families.  Nadler said passing immigration reform that includes protections for the LGBT community is “absolutely essential.”  “In particular, binational LGBT couples must be granted the right to sponsor their permanent partners for immigration, just as other committed and straight married couples can,” he said. Rep. Mike Honda (D-Calif.), the sponsor of another UAFA-inclusive bill known as the Reuniting Familes Act, also addressed the importance of passing such legislation.  Honda said “ending discrimination” against bi-national same-sex couples is “in line with American values and is good for our economy.”

Frequent readers of the blog will recall the the Uniting American Families Act (UAFA) is considered to be a key piece of legislation for those Americans seeking immigration benefits for their same sex foreign partner.

It should be noted that many States in the USA have either promulgated legislation legalizing same sex marriage or creating civil unions for same sex partners. However, notwithstanding the fact that same sex marriages may be solemnized and recognized by a State, the Federal government, based upon legislation such as the Defense of Marriage Act (DOMA), refuses to recognize these marriages for purposes of awarding immigration benefits. Therefore, as of the time of this writing, there is no “Same Sex Visa” accorded to LGBT bi-national couples. However, there are currently cases pending in the US Courts which may overturn this practice as many feel that this type of discrimination violates States’ Rights as well as the Equal Protection Clause of the US Constitution. However, the ultimate adjudication of these issues may have to be addressed by the United States Supreme Court if legislation is not promulgated which would grant equal immigration benefits to the same sex partner of a US Citizen or Lawful Permanent Resident.

For further details about US visas for different-sex couples please see: K1 visa.

Tags: Defense of Marriage Act, DOMA, Gay Immigration Rights, Gay K1 visa, Gay Rights, Gay Visa Rights, lgbt immigration, LGBT K1 visa, lgbt visa, Re-Uniting American Families Act, Same Sex K1 visa, Same Sex Marriage, same sex visa, Stonewall Democrats blog, uafa, Uniting American Families Act, US Courts, US Immigration, US Visa
Posted in K1 Visa, K1 Visa Thailand, lgbt immigration, same sex visa | No Comments »

A frequent topic on this blog is same sex marriage and the intersection of that issue with US Immigration law. Currently, the Defense of Marriage Act (DOMA) effectively prevents Federal recognition of Same Sex Marriages when adjudicating US Immigration petitions. Therefore, different sex couples who are validly married in a jurisdiction in the United States can petition for Immigration benefits if one of the partners is foreign national. This is not the case for same sex couples as same sex partners are currently barred from obtaining US Immigration benefits based upon a bona fide same sex marriage. This issue is being widely discussed in US Immigration circles. An example of this discussion can be found in the most recent edition of The Voice, a publication promulgated by the American Immigration Lawyers Association (AILA). The following is an excerpt from a recent article discussing LGBT immigration issues:

“At present, gay and lesbian marriages are recognized in 10 countries. The Netherlands, Belgium, Spain, Canada, South Africa, Norway, and Sweden recognize marriage equality uniformly throughout their territories.5 Same-sex marriages
also are recognized in some parts of Argentina and Mexico.6 However, DOMA closes the door to same-sex marriage recognition under any federal law, including the Immigration and Nationality Act (INA). So for those couples who have united legally in one of the many countries stated above, DOMA would keep federal immigration laws from legally recognizing those unions upon their immigration to the United States.

Many courts have found that the language of DOMA is clear and unambiguous. But can DOMA be struck down? In addition to suits filed in Massachusetts,8 at least one other high-profile case in California, Perry v. Schwarzenegger, D.Ct.N.D.Cal. case 3:2009cv02292 (filed May 22, 2009), is currently challenging the constitutionality of discrimination against same-sex marriages more generally. If such a case were successful, it might lead courts to strike down DOMA and all anti-gay state marriage amendments, presumably resulting in the clear recognition of all bona fide same sex marriages in the United States.”

Although there are many legal obstacles in the path of equal Immigration rights for same sex couples, there may be a light at the end of the tunnel as a repeal of DOMA would create an opening that could be exploited by advocates for same ex immigration. To quote the aforementioned article:

“In a world without DOMA, U.S. immigration law would clearly recognize the same-sex marriage of a couple residing in a U.S. state that recognizes the marriage. It is also highly likely that the marriages would be recognized for residents of other states with no laws prohibiting same-sex marriage.”

Although repeal of DOMA may not be a perfect legal solution from an Immigration standpoint, a repeal of DOMA in conjunction with the adoption of a statute such as the Uniting American Families Act (UAFA) would likely be an optimal solution to the current legal impasse.

For more information please see: Same Sex Visa.

Tags: AILA, American Visa, American Visa Same Sex Couple, Defense of Marriage Act, DOMA, lgbt immigration, Same Sex Marriage, same sex us visa, same sex visa, The Voice, uafa, Uniting American Families Act, US Immigration, US Immigration Law, Us Visa Same Sex Partner
Posted in lgbt immigration, same sex visa, US Visa and Immigration | No Comments »

For those who read this blog on a regular basis a common theme is that of LGBT immigration rights. US Immigration law, under current regulations including the Defense of Marriage Act (DOMA), dictates that Same-Sex Bi-National Couples are legally precluded from receiving US Immigration benefits based upon a legally solemnized same sex marriage, civil partnership, or civil union. That said, in recent years, Congressional Representatives such as Jerry Nadler have introduced legislation, often referred to as the Uniting American Families Act or simply UAFA, that would provide a means of applying for Immigration benefits for same-sex “permanent partners.” In previous blog posts, this author has discussed Comprehensive Immigration Reform and how changes in American Immigration law may, or may not, change the current rules in order to allow bi-national same sex partners to apply for family immigration benefits. In a previous blog post, we discussed recently proposed Comprehensive Immigration Reform legislation introduced by Illinois Representative Luis Gutierrez and how said draft legislation did not include provisions for same sex immigration benefits. On that note, the following was posted on the WashingtonBlade.com:

An influential pro-immigrant U.S. House member has endorsed including protections for LGBT bi-national couples as part of comprehensive immigration reform legislation. In a statement Thursday, Rep. Luiz Gutierrez (D-Ill.) said inclusion of language allowing LGBT Americans to sponsor foreign partners for residency in the United States is an important part of a broader reform bill. “Our efforts to fix our broken immigration system and protect basic civil rights are not truly comprehensive if we exclude same-sex couples,” he said. Standalone legislation that would enable an estimated 36,000 bi-national same-sex couples to stay together in the United States is known as the Uniting American Families Act. Proponents of the legislation have been seeking inclusion of UAFA as part of upcoming comprehensive immigration reform legislation in Congress. Gutierrez is schueduled to announce officially his support for inclusion of UAFA on Monday at a press conference in Chicago, Ill. Joining him at the conference will be Rep. Mike Quigley (D-Ill.) and gay Rep. Jared Polis (D-Colo.), who also support inclusion of LGBT couples in immigration reform. Late last year, Gutierrez introduced his own version of comprehensive immigration reform legislation that was seen an alternative to the working bill expected later. However, even though Gutierrez is a co-sponsor of UAFA, the legislation didn’t include UAFA-like language. According to the statement from Gutierrez’ office, the lawmaker’s recent announcement means he’s “recommitting himself” to inclusion of specific UAFA-like language as part of comprehensive reform…

In the previous post in which this proposed Comprehensive Immigration Reform (CIR) legislation was discussed this author found it unfortunate that LGBT Immigration issues were not mentioned in the provisions of the draft legislation. That said, this author is happy to see that the issue of Same-Sex and LGBT Immigration rights is being discussed within the context of CIR. Should it come to pass, Comprehensive Immigration Reform will likely represent one of the most important changes to Federal Immigration law in, at least, the past 25 years. With this in mind, the fact that LGBT Immigration is currently being discussed within the context of CIR at least hints at the possibility that US Immigration law will be modified in order to grant benefits to those couples who, at the time of this writing, cannot be re-united in the United States in the same manner as so-called “different-sex” couples.

For further related information please see: US Visa Thailand, K1 visa, same sex visa or same sex marriage.

Tags: CIR, Comprehensive Immigration Reform, Defense of Marriage Act, different-sex Immigration, different-sex marriage, DOMA, Jerry Nadler, K1 Visa, lgbt immigration, lgbt visa, Same Sex Marriage, same sex visa, uafa, Uniting American Families Act, US Immigration Law, US Visa Thailand
Posted in Comprehensive Immigration Reform, K1 Visa, lgbt immigration, News, same sex visa, US Visa and Immigration, US Visa Thailand | No Comments »

The issue of Comprehensive Immigration Reform seems to be more hotly debated as the mid-term Congressional elections in the United States approach. Recently, President Barack Obama was quoted as saying:

What has become increasingly clear is that we can no longer wait to fix our broken immigration system, which Democrats and Republicans alike agree doesn’t work. It’s unacceptable to have 11 million people in the United States who are living here illegally and outside of the system. I have repeatedly said that there are some essential components that must be in immigration legislation. It must call for stronger border security measures, tougher penalties for employers who hire illegal immigrants and clearer rules for controlling future immigration. And it must require those who are here illegally to get right with the law, pay penalties and taxes, learn English, pass criminal background checks and admit responsibility before they are allowed to get in line and eventually earn citizenship. The outline presented today includes many of these elements. The next critical step is to iron out the details of a bill. We welcome that discussion, and my Administration will play an active role in engaging partners on both sides of the aisle to work toward a bipartisan solution that is based on the fundamental concept of accountability that the American people expect and deserve.

Many argue that the United States Immigration system needs to be modified as it is proving to be too inflexible when it comes to dealing with some of the important immigration problems of the day. A case in point is the debate on Same Sex US Immigration benefits for bi-national couples. At present, same-sex bi-national couples cannot receive the same family immigration benefits as different sex couples due to provisions in the Defense of Marriage Act (DOMA). In short these couples cannot receive a same sex marriage visa. Many hope that by placing specific legislative language akin to the provisions of the Uniting American Families Act (UAFA) into the Comprehensive Immigration bill this policy of providing disproportionate benefits will come to an end.

Overall, the current immigration system has improved for those seeking immediate relative immigration benefits (IR1, CR1, IR2, etc). For example, the  National Visa Center has begun administratively closing K3 Visa applications as the need for such expedited travel documents is felt to be no longer necessary for those seeking immigrant benefits since USCIS no longer has a high backlog for such petitions. The K1 visa is still processing in the same manner as it has in the past. However, some of the preference petition categories are still processing quite slowly. Also, this brief assessment does not look at employment based immigration issues associated with visa categories such as the L1 visa and the E2 visa nor does it begin to tackle to issue of undocumented workers and immigrants in the USA.

For further information on this issue please see: Fiance Visa Thailand.

Tags: Comprehensive Immigration Reform, Defense of Marriage Act, DOMA, Fiance Visa Thailand, K1 Visa, K3 Visa, lgbt immigration, LGBT US Immigration, LGBT US Visa, lgbt visa, Same Sex CR1 Visa, Same Sex IR1 Visa, Same Sex K1 visa, Same Sex K3 Visa, same sex visa, uafa, Uniting American Families Act, US Visa, US Visa Thailand
Posted in CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, General Legal Information, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, lgbt immigration, National Visa Center, same sex visa, Upcoming Legislation, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a recent posting on the Immigration Equality.org web log, the organization described the current situation with regard to Comprehensive Immigration Reform:

With healthcare out of the way, now is the time to act!

In the last few weeks, comprehensive immigration reform has been moved forward through a series of events. Senators Schumer and Graham have met with President Obama to outline a comprehensive immigration proposal. They presented that proposal in the Washington Post, and Obama released a statement of support. The President has also met with the Congressional Hispanic Caucus about moving comprehensive immigration reform forward. Finally, the March For American last Sunday brought over 200,000 supporters to Washington, DC demanding comprehensive immigration reform.

For those with loved ones in the Immigration system, an overhaul of the current apparatus is believed to be increasingly necessary. This belief is even more acute in the LGBT community as current United States law precludes bi-national same-sex couples from being accorded that immigration benefits that are regularly provided to different-sex couples. At the heart of this issue is the Defense of Marriage Act (DOMA) which legally defines the term “marriage” as being between a man and a woman. Many in the LGBT community feel that this legislation should be repealed or thrown out by the US courts, but so long as it is the law it has a very detrimental impact upon those bi-national same sex couples who wish to receive American family based immigration benefits. The aforementioned blog post describes ways in which supporters of LGBT immigration rights can contact their representatives about Immigration reform:

“Call the U.S. Capitol Switchboard at 202-224-3121 and ask for your Representative and Senators. Tell them:

‘I urge you to support and to work to pass comprehensive immigration reform that includes the Uniting American Families Act.’

Call 3 times so you can talk to your Representative and two Senators!

If you want to speak to your representatives in person, the best time is during a Congressional Recess or on a weekend.

Congress is in recess during the following times:
• March 29 – April 9
• June 1 – June 4
• July 5 – July 9
• August 9 – September 10″

As with any legislative initiative, support must come from concerned citizens and the best way for citizens to voice their concerns is by contacting their elected representatives. Hopefully, through community action, legislative proposals such as Comprehensive Immigration Reform and the Uniting American Families Act (UAFA) the dream of a better and more egalitarian immigration system will become a reality.

Tags: Defense of Marriage Act, DOMA, Immigration Equality, lgbt immigration, lgbt visa, Same Sex Immigration, same sex visa, uafa, Uniting American Families Act, US Immigration, US Visa
Posted in CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, lgbt immigration, same sex visa, Upcoming Legislation | No Comments »