Integrity Legal

The White House has been under increasing pressure since Obama’s inauguration to provide equal benefits to same sex couples under United States law. Recently Hillary Clinton reversed previous State Department policy by providing same sex partners of State Department employees with most of the benefits extended to different sex couples (including diplomatic passports for partners).

From the Associated Press: “President Barack Obama, under growing criticism for not seeking to end the ban on openly gay men and women in the military, is extending benefits to same-sex partners of federal employees.”

The question is: will Obama go further in extending benefits to same-sex couples? Specifically, does Obama feel that this gesture is enough to placate the Gay community or will he go further in fulfilling the campaign promises calling for greater equality?

Of particular importance from an Immigration perspective: will the Uniting American Families Act be passed? This law would provide equalized immigration benefits for same-sex couples. Under the Defense of Marriage Act same sex couples are barred from receiving many of the immigration benefits accorded to different sex couples.

The feeling of many American Immigration Lawyers is that UAFA, or some bill similar to the UAFA, will eventually become law. The question is: when?

Hopefully for these families who are being kept apart by Immigration restrictions the UAFA will pass sooner rather than later. The task now is to keep pressure on politicians to pass the legislation. Many believe that Comprehensive Immigration Reform will have some sort of UAFA-like provision rolled into it. This would probably be the most expedient way of dealing with the same-sex immigration situation. However, there is the possibility that a concession such as adding “permanent partner” to the list of those eligible for family immigration benefits, as called for in UAFA, could be cast aside in a committee room or in back room “horse trading” in an effort to save CIR.

The fate of the Uniting American Families Act remains to be seen, but hopefully this legislation will pass. Until the day it is signed into law, no one can say for sure if same-sex immigration benefits will ever be granted

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For more information on US Immigration from Thailand Please see:

K1 Visa Thailand

Fiance Visa Thailand

K3 Visa Thailand

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

Tags: gay visa, lgbt visa, permanent partner visa, same sex visa, uafa, Uniting American Families Act
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