Integrity Legal

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 »

This blog routinely discusses issues surrounding United States Immigration Law. However, this author must admit that we often fail to mention the human side of the Immigration and visa process. At the time of this writing the United States appears to be on the verge of making radical changes to the makeup of American Immigration law. This will likely occur through Comprehensive Immigration Reform of the US Immigration and Nationality Act and other pertinent legislation. The reasons for seeking reform vary depending upon the individual or organization. That said, the following excerpt from a news story posted on Yahoo.com poignantly elucidates the human aspect of the issues surrounding Comprehensive Immigration Reform (also known as CIR):

Seven-year-old Daisy Cuevas, thrilled to see herself on television with U.S. First Lady Michelle Obama, didn’t quite understand the predicament in which she had innocently placed her undocumented Peruvian parents. “She laughed, she jumped up and down. She was excited” after the encounter at Daisy’s suburban Washington, D.C., elementary school, the girl’s maternal grandfather, Genaro Juica, told The Associated Press. The TV appearance made the pigtailed second grader a voice of the estimated 12 million immigrants living in the United States illegally — and a source of pride for Peru’s president, who visits Washington on Tuesday. “My mom says that Barack Obama is taking away everybody that doesn’t have papers,” Daisy told the U.S. first lady on May 19 at the New Hampshire Estates Elementary School in Silver Spring, Maryland. “Well, that’s something that we have to work on, right, to make sure that people can be here with the right kind of papers,” Michelle Obama replied. “But my mom doesn’t have papers,” said Daisy, a U.S. citizen by virtue of her birth. The color immediately drained from her mother’s face. She ran crying to call her parents in Lima, then went into hiding, fearful of being deported. These are tense times for people like Daisy’s mother, a maid who arrived in the United States with her carpenter husband when she was two months pregnant with Daisy. Daisy’s parents are fearful of U.S. anti-immigrant sentiment, which for many Latin Americans is epitomized by an Arizona law taking effect in July that gives police the right to demand ID papers of anyone suspected of being in the country illegally. The U.S. Department of Homeland Security has said it is not pursuing Daisy’s parents. Immigration investigations, it said in a statement, “are based on making sure the law is followed and not on a question-and-answer discussion in a classroom.” Nonetheless, Daisy’s mother asked the AP after the May 19 incident not to name her or her husband.

Many of those hoping for a “path to citizenship” for undocumented aliens in America feel that rectification of US Immigration policy can only be effected through reforming the Immigration laws. There are others who feel that the recently proposed CIR legislation does not go far enough in rectifying the inequities that currently exist under American Immigration law. A clarion call for further reform is especially noticeable from the LGBT immigration movement.

Hopefully, we will see Immigration reform soon, but in the meantime we may be able to learn something from this incident as it would appear that even children can see the “Equity Gap” that currently seems to exist in the realm of United States Immigration.

Tags: American Immigration, American Immigration law, American Visa, CIR, Comprehensive Immigration Reform, Daisy Cuevas, Department of Homeland Security, Equity Gap, lgbt immigration, Michelle Obama, US Department of Homeland Security, US Immigration, US Immigration Law, US Visa
Posted in Comprehensive Immigration Reform, Department of Homeland Security, General Legal Information, Legal Opinion, lgbt immigration, News | 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 »

Many Americans are aware of the recent legislative changes enacted by the United States Congress with the support of President Obama. Recently, a blogger discussed this legislation:

“Having now accomplished Health Care Reform, it is apparent that President Obama has acquired the momentum and political capital to fuel the leadership necessary to fulfill the next campaign promise, that of  immigration reform.  Why then are our congressional leaders still asserting impossible?”

What is this so-called “impossible” legislative task that this writer is concerned about? Put simply, it is equal immigration rights for those bi-national couples of the same sex. Recently, Congressional Representative Gutierrez introduced a Comprehensive Immigration Reform bill, but many in the LGBT immigration community are unhappy with the Bill in its current form:

“Rep Gutierrez’s Bill, however, snubbed gay and lesbian couples, much to the upset of the LGBT community and bi-national same-sex couples, by failing to attach UAFA, the Uniting American Families Act, H.R. 1024, S. 424) a U.S.Immigration and Nationality Act to eliminate discrimination in the immigration laws against gay couples seeking spousal/ partner sponsorship for green cards,  as a critical component to his version of comprehensive immigration reform.  Is he thinking that we should not have immigration equality?  Is he going to attach UAFA later in the process? Does he think UAFA should be a stand-alone Bill.”

UAFA, or the Uniting American Families Act, is an important piece of hotly debated legislation in the United States that, if enacted, would provide immigration benefits to the same sex “permanent partners” of American Citizens and Lawful Permanent Residents. US Congressman Jerrold Nadler has be a strong proponent of UAFA and immigration rights for the “permanent partners” of American Citizens and Lawful Permanent Residents. Exactly what the term “permanent partner” means is left open to further debate, but presently a debate is raging over placing the provisions of UAFA into a Comprehensive Immigration Reform Bill:

“Nadler asserted that this would be the only way – for UAFA to pass- and that would be via passage with a larger immigration reform bill.  The votes would need to be 217 in the House and at least 51 in the Senate.  Congressman Nadler has led the fight for UAFA and is highly respected by activists and the LGBT community, reputed to be one of the most dedicated in the fight for immigration equality.  His ideas are to be trusted and his leadership followed.”

If Representative Nadler believes that same sex visas for bi-national permanent partners will ultimately come to fruition through use of a broader legislative vehicle, then this author is inclined to believe that this is the truth. However, when that broader legislative action will come about remains to be seen.

Tags: CIR, Comprehensive Immigration Reform, gay visa, Gay Visas, lgbt immigration, LGBT Visas, Same Sex Immigration, same sex visa, Same Sex Visas, uafa, Uniting American Families Act, US Immigration
Posted in Department of Homeland Security, General Legal Information, Legal Opinion, lgbt immigration, same sex visa, Upcoming Legislation, US Visa and Immigration, USCBP, USCIS, USICE | No Comments »

As frequent readers of this blog may be aware, two of the most hotly debated issues in the realm of United States Immigration are: Comprehensive Immigration Reform and US Family Immigration benefits for LGBT bi-national couples. A seemingly unrelated issue is that of the upcoming United States Census. Recently, the LGBT immigration blog Immigration Equality.org discussed how the US Census and the issues of Comprehensive Immigration Reform and LGBT Visas are connected:

“Research conducted by the Asian American Legal Defense and Education Fund (AALDEF) shows an excellent reason for undocumented immigrants to participate in the census: They can actually use the completed census form as proof of continuous physical presence in the U.S., should Congress enact a path to citizenship, with requires such proof for residency, in the future. Additionally, certified copies of completed census forms can be used as evidence of continuous presence in the U.S. under certain current laws as well. These include the amnesty program under the Immigration Reform and Control Act of 1986 (IRCA); amelioration provisions of the Legal Immigration Family Equity Act of 2000; and for Temporary Protected Status (TPS) (for when one cannot return due to war, natural disasters etc.) under the Immigration and Nationality Act Section 244…There are undocumented immigrants living in the US in same-sex binational relationships as well, and they should be counted, too. A recent Immigration Equality client, living here with his American partner for nearly 20 years, was detained upon trying to re-enter the United States after going home to visit his dying mother. By participating in the confidential census process, couples like these can be “counted,” and give voice, through their numbers, to the very real plight of binational couples who have, for too long, remain too hidden in the shadows.”

As explained above, proof of having participated in a US Census can be used as evidence to show one’s continuous residence in the United States of America. Therefore, participating in the Census can be a beneficial endeavor for certain individuals.

It is interesting to note how the issue of undocumented aliens intersects with the issue of LGBT Immigration rights as these two groups would otherwise seem to have interests that are unrelated, but at this time same sex bi-national and undocumented aliens are in legally precarious position. In this author’s opinion, Comprehensive Immigration Reform could be the solution to both of these groups’ problems, but this author believes that it is more likely that the US Courts will deal with the issue of same sex immigration when they adjudicate the Constitutionality of the Defense of Marriage Act (DOMA). However, the outcome with regard to all of these issues remains to be seen.

For information about US Immigration from the Kingdom of Thailand please see: US Visa Thailand.

Tags: gay immigration, Gay Immigration Rights, gay us visa, lgbt immigration, LGBT Immigration rights, lgbt visa, same sex us visa, same sex visa, US Visa, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, lgbt immigration, same sex visa, US Visa and Immigration, US Visa Thailand | No Comments »

In recent weeks we have discussed the possibility that Comprehensive Immigration Reform may be in the offing. However, legislation of this magnitude is unlikely to be passed quickly. With that in mind, many different organizations have chimed in with their opinion about Comprehensive Immigration Reform.

Recently, Secretary Napolitano of the Department of Homeland Security conducted a USCIS stakeholders meeting and discussed Comprehensive Immigration Reform. The following is contained in a readout from a press release promulgated by USCIS and distributed by AILA:

“Secretary Napolitano stressed that the broken immigration system is a problem that has been ignored too long, and said today’s meeting was another important step forward in this administration’s efforts to work with our colleagues in Congress and representatives from law enforcement, business, labor, the faith community, advocacy groups and others to fix our current laws. She welcomed the input of the participants and emphasized the importance of continued collaboration between the Department and immigration stakeholders.”

The press release went on to note that support for Comprehensive Immigration reform comes from both parties as most lawmakers feel that change is needed. The Secretary noted her admiration for the spirit of cooperation exhibited by legislators:

“In today’s meeting, Secretary Napolitano commended the bipartisan proposal set forth by Senators Chuck Schumer and Lindsey Graham, which reflects the administration’s commitment to effective enforcement; addresses the need for improved legal flows for families and workers; and offers a firm but fair path to citizenship for those who are already in the United States.”

President Obama has made statements in support of Immigration reform and the Secretary voiced her willingness to work with the President and lawmakers as solutions to the immigration problems are sought:

“Secretary Napolitano looks forward to continued work with President Obama, Senators Schumer and Graham and other Congressional partners, as well as stakeholders across the country as she continues to do everything she can to build a successful new immigration system.”

This author is intrigued to see that the there seems to be increasing support for some form of immigration reform. Although the outcome of any legislative initiative remains to be seen, there are some interest groups, particularly those supporting LGBT immigration rights, who hope to see dramatic changes to the United States Immigration system.

Hammering out a bill to address the major flaws in the current system will not be easy and there are some who believe that no immigration reform will be passed until after the mid-term congressional elections.

Tags: Comprehensive Immigration Reform, Department of Homeland Security, DHS, lgbt immigration, lgbt visa, Secretary Napolitano, US Immigration, US Visa, USCIS
Posted in lgbt immigration, same sex visa, 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 »

As it is the Holiday season in the United States many families are reunited with their loved ones in order to be together during the festivities. However, there are some families who cannot be reunited in the US due to restrictions imposed by US Immigration law. Most notable among those who probably will not be re-united this Christmas are same-sex bi-national couples. Since the Defense of Marriage Act was passed in the mid-1990′s it has been virtually impossible for bi-national same-sex couples to receive US Immigration benefits even where their marriage was executed in a jurisdiction in the United States of America. In a recent blog post on the website ImmigrationEquality.org the author notes that recently proposed Immigration reform legislation does not address the issues associated with Lesbian, Gay, Bisexual, and Transgendered (LGBT) Immigration.  To quote directly from the blog:

“Earlier today, Congressman Luis Gutierrez (D-IL) introduced an immigration reform proposal in the House of Representatives that does not include lesbian, gay, bisexual and transgender families. We pushed hard for inclusion in this bill, and we are deeply disappointed. However, I want to be clear: this is not the comprehensive immigration reform package which will move through the House. And, there are many reasons to remain optimistic about our inclusion in CIR down the road.

First, it is important to note that Congressman Gutierrez remains a co-sponsor of the Uniting American Families Act (UAFA) and the LGBT-inclusive Reuniting Families Act (RFA) in Congress. In the weeks and months leading up to the introduction of the Gutierrez bill, Immigration Equality pushed for inclusion of our families. When it became clear that this was not to be, we asked for the Congressman to continue to work for an end to immigration laws that discriminate against LGBT families, and we have every expectation that he will do so.”

It is this author’s opinion that the same-sex immigration issue will likely be dealt with in the United States Courts as the United States House of Representatives and the United States Senate seems reluctant to either overturn the Defense of Marriage Act (DOMA) or pass the Uniting American Families Act (UAFA). However, this author believes that the Defense of Marriage Act is in direct violation of the 10th Amendment of the United States Constitution because DOMA overrides state prerogatives regarding what constitutes a valid marriage. From a Constitutional standpoint, this author hopes to soon see the onerous provisions of DOMA either repealed through legislation or struck down by the courts.

For more information please see: US Visa Thailand

Tags: American Immigration, American Visa, lgbt immigration, lgbt visa, same sex us visa, same sex visa, US Visa, US Visa Thailand
Posted in Legal Opinion, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »