Integrity Legal

There are many people throughout the United States who seem more and more unhappy with the current state of gay rights issues. This unhappiness seems particularly acute when discussing the issue of DOMA (the Defense of Marriage Act). Under current United States Federal law same sex marriages are not recognized by the Federal Government. Therefore, United States Immigration benefits based upon marriage cannot be extended to the same-sex partners of US citizens as same sex marriage is not recognized as a “marriage” for purposes of US Immigration.

Many have advocated either the repeal of the Defense of Marriage Act or the enactment of some federal legislation which would allow for same sex immigration benefits notwithstanding DOMA. A recent example of the latter is the Uniting American Families Act (UAFA) which would provide US Immigration benefits to “permanent partners” of US Citizens and Lawful Permanent Residents. Most efforts to provide same sex immigration benefits have been in vain which has created frustration in the LGBT community as well as amongst advocates for civil rights.

In recent months there has been talk of repealing the “Don’t Ask Don’t Tell” policy in the US military. Also, the US State Department has issued internal rules granting Immigration benefits, in the form of diplomatic and official passports, to the same sex partners of State Department employees working abroad. Many feel that these are “half measures,” simply designed to placate advocates for LGBT rights.  The following, quoted from this source, sums up the feeling of consternation:

Noticeably absent from this civil rights agenda is the repeal of the Defense of Marriage Act. Apparently a Democratic majority in the House, a Democratic super-majority in the Senate, and a Democratic president in the White House isn’t quite enough to get a repeal passed. Of course, other major issues are confronting the nation, and issues dealing with same-sex marriage often bring with them volatile politics. But, with the prospect of trimmed Democratic majorities in Congress after the 2010 midterm elections, is it really unreasonable for the LGBT community to expect action on DOMA now, as opposed to potentially a decade from now, maybe later? [Emphasis in original]

As can be seen from the above quote, the real issue for many is the repeal of DOMA. This legislation lies at the heart of most legal restrictions placed upon same-sex couples in the United States. Currently, the legality of DOMA is also being weighed in the US Federal Courts, but the outcome is far from certain. The repeal of DOMA is likely to remain a controversial issue in the future. A repeal of these restrictions will likely mark a watershed moment for American Civil Liberties.

Tags: Defense of Marriage Act, DOMA, gay immigration, gay us immigration, gay us visa, gay visa, lgbt immigration, LGBT US Visa, same sex us visa, same sex visa, uafa, Uniting American Families Act
Posted in General Legal Information, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand | 1 Comment »

As reported previously on this blog, HIV is to be taken off of the list of communicable diseases which can cause an Immigrant to be deemed inadmissible to the United States of America. At the time of this writing, anyone who has HIV (Human Immunodeficiency Virus) is not admissible to the United States. This means that those infected with the virus must obtain an I-601 waiver of inadmissibility before they will be allowed to enter the United States. Under the new rule, this will no longer be the case.

To quote a document, provided courtesy of AILA, promulgated by the Department of Health and Human Services:

As a result of this final rule, aliens will no longer be inadmissible into the United States based solely on the ground they are infected with HIV, and they will not be required to undergo HIV testing as part of the required medical examination for U.S. immigration.

As a result of this rule change, it is highly likely that Embassy mandated medical examinations will be greatly altered as it will no longer be necessary for the Embassy-approved doctors (sometimes referred to as civil surgeons) to test prospective immigrants for HIV.

This rule change reflects the new policy of the United States government regarding HIV. Basically the Center for Disease Control and the authorities at the Department of Homeland Security no longer consider HIV a “communicable” disease as defined in the relevant provisions of  Immigration and Nationality Act. To further quote the aforementioned document:

While HIV infection is a serious health condition, it is not a communicable disease that is a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact.

Please note that this rule has not taken effect and until it does HIV is still considered a communicable disease in cases involving inadmissibility.

Although many laud the promulgation of this rule, there are those, particularly in the LGBT community who feel that the current Administration is not doing enough to provide immigration benefits to same sex couples. Many view this rule change as a “half measure” designed to placate advocates for gay rights as HIV has a major impact upon the gay and lesbian community.

Although this rule change will effect those with HIV who wish to enter the USA, it does not effect same-sex bi-national couples who cannot obtain US Immigration benefits for a foreign partner based upon the current federal laws which do not recognize same-sex marriage. There are many who feel that the rescission of this rule regarding HIV infected immigrants falls short of full immigration equality for all.

Tags: 601 Waiver, gay visa, HIV ban, HIV inadmissibility, I-601, I-601 Waiver, I601, I601 Waiver, Inadmissibility, lgbt immigration, Same Sex Immigration, Same Sex Marriage, same sex visa, waiver of inadmissibility
Posted in General Legal Information, US Visa and Immigration, US Visa Thailand, Visa Waiver | 1 Comment »

It would appear that although repeal of the Defense of Marriage Act (DOMA) may not be happening anytime during the current legislative session. For same sex partners of United States Citizens, there may be hope that United States Federal Immigration Law could be modified in order to allow for United States immigration benefits for Lesbian, Gay, Bi-sexual, and Trans-gender (LGBT) Couples.

Under the current laws on the books, embodied in the United States Immigration and Nationality Act (INA), Bi-national LGBT couples are precluded from obtaining immigration benefits based upon their relationship. Therefore, the same sex partner of an American Citizen cannot obtain United States Lawful Permanent Resident (Green card) status based upon their relationship in the same way that foreign spouse or fiance could. It would appear that this situation may soon change.

According to CBS News:

“[M]ore than 100 lawmakers in the House and about 20 in the Senate have signed onto bills that would add the United States to the 19 countries that already recognize same-sex couples for immigration purposes.”

Comprehensive Immigration Reform (CIR) is currently being considered in both the United States House of Representatives and the United States Senate. Many lawmakers are hoping to amend the currently pending bills with proposed amendments to correct the immigration injustice being perpetrated against bi-national same-sex couples. However, the proposed amendments to this legislation do not come without challengers, further from CBS News:

“The long-standing fight over the country’s estimated 36,000 same sex couples of two nationalities is a small but emotional part of the debate over immigration reform. But including same-sex couples in the mix could make it harder to pass an immigration overhaul. A key ally in past immigration fights, the U.S. Conference of Catholic Bishops, said it would not support a measure that has a same-sex provision.”

United States Representative Mike Honda is a supporter of the legislation aimed at ameliorating same-sex discrepancies in Immigration law. The so-called Re-Uniting American Families Act is similar to previous legislation known as the Uniting American Families Act (UAFA). In both proposals, an addition of the term “permanent partner,” will be made to the United States INA which will allow for a circumvention of the restrictions placed upon same sex couples under current federal law (DOMA).

President Obama has signaled his wish that some sort of US Immigration category be created that would allow same-sex couples to have benefits similar to different sex couples. There are questions among same-sex civil rights groups regarding just how much the President really supports their cause as the outcome of the same-sex immigration debate remains in doubt.

(This post is not legal advice. Contact a Licensed professional for legal advice. No lawyer-client relationship is created between the writer and any reader of this article.)

Tags: Defense of Marriage Act, gay immigration, gay visa, Immigration Equality, lgbt immigration, lgbt visa, Reuniting American Families Act, same sex visa, Uniting American Families Act
Posted in US Visa and Immigration, US Visa Thailand | No Comments »

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

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

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

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

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

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

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

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

Tags: AILA, gay immigration, gay us visa, gay visa, lgbt immigration, same sex, Same Sex Marriage, same sex visa, uafa, Uniting American Families Act, US Visa Thailand
Posted in General Legal Information, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »