Integrity Legal

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 »

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 »

To see this post in English please see: LGBT immigration

ประเด็นที่มีการถกเถียงบ่อยๆบนบอร์ดนี้คือ สิทธิตามกฎหมายคนเข้าเมืองของ เลสเบี้ยน เกย์ ไบเซ็กชวล และ บุคคลแปลงเพศ ไม่นานมานี้กระทรวงต่างประเทศของสหรัฐอเมริกาประกาศระเบียบปฏิบัติใหม่ที่จะนำมาปรับใช้แก่ผู้ที่ต้องการขอมีหนังสือเดินแทนและแจ้งเกิดนอกราชอาณาจักร  เพื่อให้สอดคล้องกับการเปลี่ยนเพศ  ด้านล่างคือข้อความที่ตัดทอนมาโดยตรงจากประกาศ

กระทรวงต่างประเทศสหรํฐมีความยินดีในโอกาสเดือนแห่งศักดิ์ศรีชาวเกย์ เลสเบี้ยน ไบเซ็กชวล บุคคลแปลงเพศ ที่จะประกาศระเบียบนโยบายใหม่เกี่นวกับการเปลี่ยนเพศในหนังสือเดินทางและการแจ้งเกิดนอกราชอาณาจักร เริ่มตั้งแต่วันที่ 10 มิถุนายน เมื่อผู้ขอหนังสือเดินทางแสดงใบรับรองการผ่านการวินิจฉัยของแพทย์ว่าเป็นผู้ที่แปลงเพศโดยถูกต้องทางการแพทย์ หนังสือเดินทางใหม่จะออกให้ตามเพศใหม่ ระเบียบนี้รวมถึงรายละเอียดของข้อมูลที่ต้องมีในใบรับรอง มีความเป็นไปได้ที่จะขอหนังสือเดินทางที่มีกำหนดอายุหากว่ารายงานของแพทย์แสดงว่าผู้ขอหนังสือเดินทางอยู่ในระหว่างกระบวนการแปลงเพศ ไม่ต้องใช้บันทึกการรักษาพยาบาล การผ่าตัดแปลงเพศไม่จำเป็นต้องมีขึ้นก่อนการออกหนังสือเดินทาง การแจ้งเกิดนอกราชอาณาจักรยังสามารถเปลี่ยนแปลงแก้ไขได้ตามเพศใหม่ เช่นเดียวกับผู้ขอหนังสือเดินทางคนอื่นๆ เจ้าหน้าที่ออกหนังสือเดินทาง ณ สถานทูต และกงสุลในต่างประเทศ และ ตัวแทนและศูนย์ออกหนังสือเดินทางในประเทศจะถามคำถามที่จำเป็นเพื่อขอข้อมูลเกี่ยวกับสัญชาติและลักษณะจำเพาะบุคคล

นโยบายและวิธีปฏิบัติใหม่นี้ตั้งอยู่บนพื้นฐานและการปนะนำของ องค์กรสุขอนามัยบุคคลแปลงเพศโลก (WPATH) รับรองโดยแพทย์สภาอเมริกันให้เป็นผู้มีอำนาจในเรื่องนี้

ถึงแม้ว่าประกาศนี้จะทำให้เกิดวินาทีแปลงโฉมของสิทธิผู้แปลงเพศ ยังคงมีหลายๆคนที่รู้สึกเครียดกับปัญหาในการขอวีซ่าเข้าอเมริกาให้แก่คู่รักที่มีความสัมพันธ์แบบรักร่วมเพศโดยถูกต้อง ในปัจจุบัน กฎหมายเช่น พระราชบัญญัติเพื่อการสมรส ( DOMA) ยังไม่มีผลประโยชน์ทางกฎหมายคนเข้าเมืองสำหรับคู่สมรสร่วมเพศต่างสัญชาติ ในขณะที่บุคคลเพศเดียวกันได้รับผลประโยชน์ตามกฎหมายคนเข้าเมืองทั้งที่สมรสภายใต้เงื่อนไขเดียวกับคู่สมรสเพศเดียวกัน หลายคนรู้สึกว่าความแตกต่างนี้ไม่เป็นไปตามรัฐธรรมนูญและผิดกฎหมาย อย่างไรก็ตามประเด็นนี้ยังไม่ได้มีการวิเคาระห์ในศาลอเมริกัน

มีนักนิติบัญญัติอเมริกันบางท่านที่พยายามผลักดันร่างกฎหมายเพื่อยุติความไม่เท่าเทียมกันนี้ เช่นพระราชบัญญัติรวมครอบครัว หลายคนหวังว่า การปฏิรูปกฎหมายคนเข้าเมืองให้ครอบคลุมจะรวมเอาข้อบัญญัติเกี่ยวกับสิทธอทางวีซ่าของคู่รักเพศเดียวกันต่างสัญชาติเข้าไปด้วย

K1 วีซ่า

Tags: DOMA, K1 วีซ่า, lgbt immigration, LGBT passport, Passport transgender, same sex visa, US Passport Transgender
Posted in Thailand Business, สถานทูตสหรัฐอเมริกาประจำประเทศไทย, ้วีซ่าอเมริกาจากประเทศไทย | 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 »

The authors of this blog keep a close eye upon pending legislation in both the Kingdom of Thailand and the United States of America. Vigilance must be maintained in order to be fully aware of all of the current Immigration policies, procedures, rules, regulations, and laws in both countries. This blog has repeatedly reported on issues involving same-sex couples seeking United States Immigration benefits as this poses one of the most politically pressing and legally confusing issues of United States Immigration at this time.

Currently, the United States Congress is debating legislation that would attempt to tackle some of the major problems in the area of US Immigration. Recently a bill was introduced that would reform current American Immigration law with regard to refugees. Some feel that an even more pressing piece of legislation is that which would provide comprehensive immigration reform in the USA.

Same Sex Immigration issues have been dealt with in separate proposed legislation called the Uniting American Families Act (UAFA), but there are those who hope that a Comprehensive Immigration Reform bill will eventually include immigration benefits for same sex couples. A very popular website and blog, Immigration Equality.org, has been posting updates regarding the situation in Washington D.C. where marchers will be falling upon the US Capital to demand Comprehensive Immigration Reform legislation. Most notable, is the fact that among the marchers LGBT rights activists are campaigning for equal rights in the US immigration process. To quote Immigration Equality’s blog directly:

“In the midst of the tens of thousands rallying for reform, a contingent of 300 to 500 people will on hand, with rainbow flags in hand, to bring attention to the struggles of lesbian, gay, bisexual and transgender (LGBT) immigrants and their families. And before they set their first foot on the grassy lawn off Constitution Avenue, their presence is already being felt and making change.”

The blog added a personal touch to its report of this demonstration:

“[Laurie] Larson will be marching with the Immigration Equality contingent in honor of her close friend Steve – an American citizen – whose partner of nearly a decade, Joe, was recently forced to leave the country after losing his job and, by extension, his work visa, too. Had Steve been in a heterosexual relationship, he could have married his partner and they would have qualified for residency. But because Steve and Joe are both male, that option doesn’t exist for them. Under current U.S. immigration law, Steve cannot sponsor Joe for residency simply because they are gay.”

The idea that an American Citizen, who could legally marry a foreign national of the same sex in some US jurisdictions, cannot obtain a US family based visa for their same sex loved one definitely smacks of inequality where the same American could petition for visa benefits for their loved one if the loved one was of a different sex. That being said, these issues have yet to be played out and there are some who believe that the issues of same sex family based immigration will likely be dealt with in the US Courts as the Defense of Marriage Act‘s (DOMA) constitutionality is currently being challenged by the Commonwealth of Massachusetts.

For information on US Immigration in general please see: US Visa Thailand.

Tags: CIR, Comprehensive Immigration Reform, Defense of Marriage Act, DOMA, gay immigration, lgbt immigration, lgbt visa, Same Sex Immigration, uafa, Uniting American Families Act, US Gay Visa, US LGBT visa, US same sex visa, US visa same sex marriage massachusetts
Posted in lgbt immigration, same sex visa | No Comments »

Recently, one of the administrators of this blog came across an article on the Telegraph’s website. The article reported on the recently announced future legalization of same-sex marriage in the country of Nepal. To quote the article directly:

“Nepal’s homosexual community, which is led by Asia’s only openly gay member of parliament, will next month host a tourism conference to explore how to attract wealthy gay visitors to boost the country’s war-ravaged economy. The country’s new constitution will legalise homosexual marriage in May this year, when “Pink Mountain” will begin offering luxury honeymoon and wedding packages.”

This is a rather stunning announcement as few countries in Asia have legalized marriage between individual’s of the same sex. The article went further:

“Sunil Babu Pant, a Communist legislator and leader of the country’s homosexual rights movement, has launched a travel company dedicated to promoting the former Hindu kingdom to gay tourists in an effort to tap the so-called “Pink Pound” and dollar…Mr Pant is hoping to build on the government’s new determination to maximise income from tourism by targeting all potential markets…’The government is hoping to increase the number of tourists from 400,000 to one million next year and has taken a positive attitude to welcoming gay and lesbian visitors to help meet their ambitious target,’ he told The Daily Telegraph on Tuesday.”

This move should be applauded not only because many feel that it is the morally correct thing to do, but also because it will likely result in a major economic boon for Nepal.  A question on the minds of many who are interested in the issue of same-sex marriage and US Immigration is: how will this impact rights of gay couples who wish to immigrate to the United States of America?

In the short term, movements such as this will not have a direct impact on US Federal Immigration policy as the Defense of Marriage Act (DOMA) still precludes the promulgation of US Immigration benefits based solely upon a same-sex marriage. However, as more countries begin to legalize marriage between people of the same sex it becomes more apparent that the movement has gained something of a critical mass internationally. Further, the legality of DOMA is likely to eventually be taken up by the United States Supreme Court as there is currently a pending Federal Court Case in Massachusetts as well as a challenge in California Federal District Court to the provisions of “Prop 8″ in California.

It would seem that if the US Supreme Court overturns DOMA, then a valid same sex marriage in a country such as Nepal could be used as a basis for applying for US Immigration benefits. That being said, if DOMA were repealed then same-sex partners could possibly be entitled to file for such US Immigration benefits as a K1 visa or a K3 Visa at a US diplomatic post abroad (such as the US Embassy in Nepal). However, these issues have not been fully resolved and current US same-sex family immigration policy remains as an insurmountable obstacle to re-uniting many same-sex couples in the USA.

Another issue to remember on this topic is the Uniting American Families Act (UAFA) which would provide US Immigration benefits to the “Permanent Partners” of US Citizens or lawful permanent residents. A valid marriage would probably be seen as a strong piece of evidence supporting a claim of “permanent partnership.”

Tags: Defense of Marriage Act, DOMA, K1 Visa, K1 visa gay marriage, K1 visa same sex marriage massachusetts, K3 Visa, K3 visa gay marriage, Same Sex Marriage, same sex us immigration, uafa, Uniting American Families Act, US visa gay marriage
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Miscellaneous, US Embassy Kathmandu, US Embassy Nepal, US Visa and Immigration, US Visa Thailand | No Comments »