Immigration Equality
 

As a Canadian living in the US, I'm acutely aware of some of the challenges ahead of me. A lot of people suggest that I marry K so that I can get US citizen. Oh, if it were only that easy. Unfortunately, even if K and I got married in Canada (I'm still legally female) it would never be recognized by the US.

Please support the Immigration Equality Action and send a letter to your representative to help LGBTQ families be united. You can do so here: http://org2.democracyinaction.org/o/...p.jsp?key=1797

I'll have to check up on him when I get to L.A.

On a personal side note, I may be very lucky with the company I work for. I'm hearing grumblings of a new work visa (an H1-B to replace my soon to expire L1-B) and a green card in the distant future. :blink:

We have a Canadian friend dealing with her citizenship/ immigration/ work visa issues currently. She was living/ working here for years, fell in love, got married all legal then divorced and all sorts of issues heading at her.

Hoping the Feds will wake up and take action to make this process less painful for everyone involved.

Good luck Linus.

i don't know, but if you transition, don't you have a better chance?

i am so glad people are doing work on this, but i can't imagine it changing real soon. i hope i am wrong.

I am in transition. However, in order for me to get gender changed means I have to get surgery. Additionally, I haven't decided if I want the marker changed. (it's been beyond annoying just trying to get name changed)

http://www.nyclu.org/immigrationreform

http://www.immigrationequality.org/t....php?pageid=49

This site ( organization) might be helpful.

http://www.out4immigration.org/immig.../homepage.html

Yup. I'm on their mail list. They are a grass-roots group fighting for bi-national marriage equality.

cool :) .. I just discovered their work a couple weeks ago and am really impressed with some of the gains they have been able to make.

'Eat Pray Love' Author to Lobby for Gay Immigrants


WASHINGTON (Aug. 13) -- The author of the runaway best-seller "Eat Pray Love," whose foreign-born lover was barred from permanently living with her in the U.S., will go to Capitol Hill next month to lobby for changing immigration laws to allow gays and lesbians to sponsor their partners from other countries.

Elizabeth Gilbert, whose memoir was made into a film starring Julia Roberts that opens today, will announce today that she will join gay rights activists to push for passage of the Uniting American Families Act.

The measure would allow lesbian and gay Americans to sponsor their permanent partners for legal status under the immigration principle of "family unification." Under current law, only partners who are married to American citizens may apply for permanent residency. Although gay marriage is legal in five states and the District of Columbia, the federal government by law defines marriage as between a man and a woman.

Evan Agostini, AP
Author Elizabeth Gilbert, seen here attending the world premiere of 'Eat Pray Love' at the Ziegfeld Theatre on Tuesday in New York, will head to Capitol Hill next week to lobby for a change in immigration laws to allow gays and lesbians to sponsor their partners from other countries.

According to the advocacy group Immigration Equality Action Fund, more than 36,000 gay binational couples, many of them in committed relationships for years, are affected by current immigration law. Nearly half of those families are raising young children.

"In addition to being unjust and cruel and unconscionable," Gilbert recently said in a speech to a gay rights organization in New York, "these laws are stupid because they are taking away some of the best and brightest minds and prospects out of the country."

Gilbert, who is straight, may seem an unlikely gay rights activist, but she came to the issue out of personal experience with the U.S. immigration system.

Her activism stems from the "Love" part of her memoir when she fell for a man she calls Felipe, a Brazilian-born citizen of Australia who was living in Indonesia when they met. Both had survived bitter divorces, and each had sworn off marriage. Yet they yearned to be together forever.

The couple moved into her suburban Philadelphia home and made do as Felipe left the country every three months to comply with visa restrictions. But then, as they returned from a trip overseas, Department of Homeland Security agents at Dallas-Fort Worth International Airport told Felipe his constant coming and going violated visa laws, and he had to leave immediately. The simplest way for him to stay in the U.S., they said, was to get married.

Gilbert tells the story of their ensuing period of "exile" in Asia, and her research on the state of matrimony, in "Committed: A Skeptic Makes Peace With Marriage." In the end, the couple married and Jose Nunes -- Felipe's real name -- got his green card.

But that isn't an option for gay couples, whom Gilbert said "are forced to do nothing but fight for their lives. And they are in a fight for their lives. And I am proud to be part of that fight."

The author, who will appear on "The Oprah Winfrey Show" today, has her work cut out for her.

While the legislation has more than 100 sponsors in the House and more than 20 in the Senate, the move to link gay rights to the already volatile immigration issue is controversial. As the issue roils Arizona and spreads to other states, the bill has stalled in Congress amid concerns by advocates that it will scare away conservative lawmakers who might otherwise be swayed to support comprehensive immigration reform.

Despite the uphill battle, Gilbert plans to visit lawmakers along with activists from the Immigration Equality Action Fund when they hold a lobby day on Sept. 30.

http://www.aolnews.com/nation/articl...rants/19589327

Some days I can't believe it has been almost 15years since I became involved in this fight....
 

from the Boston Globe yesterday 16 October 2010

http://www.boston.com/news/local/mas...divide/?page=1

That will be interesting to watch as it may be the impetus to get same-sex marriage approved in the US.

It may make headway towards overturning the Defense of Marriage Act anyway...it will be interesting to see which (if either) approach gets through first...

The Immigration Reform Bill with provisions for same-sex couples OR the crumbling of DOMA, creating the possibility for federal rights being extended.

Yesterday's announcement that the Obama Administration will no longer continue to defend DOMA offers a (little) ray of hope for bi-national couples who wish to live together in the United States.

A round up of some of the information that is flying around out there:

http://out4immigration.blogspot.com/...ding-doma.html

/snip
DOMA has stood in the way of immigration reform for LGBT families. DOMA has meant that each state in the nation chooses whether the institution of marriage can be opened to LGBT couples – and whether that state recognizes the legal union formed between two people of the same sex in other states or abroad. Getting rid of DOMA will open the way for US immigration law to acknowledge marriages between binational same-sex couples.

The "tipping point" in the demise of DOMA seems to be Edith Winsor’s lawsuit. When her Dutch-born wife Thea Spyer died, after a partnership spanning 44 years, the government sent Edith a large tax bill for Thea’s part of their shared property. Edith went to court demanding their relationship be recognized as family, in which case the state would not tax her. On reviewing the case, Obama recognized blatant anti-gay discrimination and announced he was not willing to defend DOMA.

/snip

http://prernalal.com/2011/02/what-sh...efending-doma/

/snip

Immigration Equality has forever opposed the idea of same-sex couples filing I-130 claims and adjudicating their cases in court. They have good reason to believe that federal judges will defer to DHS. For the most part, they are right since you are unlikely to win your claim and your partner may end up in removal proceedings.

But there is a better way to deal with this. Forget listening to advocacy organizations and lawyers. Stop sitting on your laurels. Ideally, I would like to see some 36,000 couples filing I-130 “Petition for Alien Relative” petitions with USCIS. Just imagine the mayhem that would cause. USCIS has to go through each claim. It will take them eons to reject them. You can file appeal upon appeal and backlog them further. You probably don’t even need to take to the streets or the courts. Start talking to the media about how President Obama is keeping you apart from your partner. Under immense pressure, Congressional leaders will have to start holding hearings. Sooner or later, DOMA will be repealed in the courts or by Congress. Even without that, DHS has to issue a memo allowing your partner to live and work legally in the country (deferred action) and Congress has to take action and pass the Uniting American Families Act.

The system is denying you equal rights so screw with it. Give them hell. Shut them down. Go all out for reverse attrition through enforcement. It’s a whole lot more fun than sitting around doing nothing.

/snip

I think this is a strategy that is well worth pursuing, particularly for undocumented immigrants who have overstayed their original visa (ie. those with the least to lose and the most to gain).

This is very similar to what happened in the UK pre-1997 (when the Blair government created an "exception to the rules" that allowed unmarried foreign partners to apply if they met certain criteria, the precursor to the immigration parity options they offer now). Prior to the Labor government coming to power bi-national couples flooded the immigration service/system with applications that remained in litigation for years until there was a legally viable process. It was a long and painful process, but worth it in the end.

With the DOMA on its way out, we should hope to be able to chip away at the iceberg of legal inequities bit by bit. Immigration may be towards the top of that list.

http://out4immigration.blogspot.com/...amas-doma.html

"there's still more work to do"
"Same-sex couples are still treated unequally under federal immigration law."
Prof. Tobias Wolff

from sfweekly.com

http://blogs.sfweekly.com/thesnitch/...a_could_be.php

Dear J,

I wanted you to be among the first to know. Our legal team is planning to file an historic lawsuit on behalf of our families.

Following the Obama Administration’s recent announcement that it believes the Defense of Marriage Act is unconstitutional — and its refusal to defend that law in court — we are preparing to challenge DOMA in federal court, on behalf of families who face separation because of discriminatory immigration laws.

For the first time, the U.S. government has declared that Section 3 of DOMA, which prohibits married LGBT Americans from sponsoring their spouse, is unconstitutional. The end of that law will mean a new beginning for LGBT Americans married to non-citizens. Immigration Equality is seizing this tremendous new opportunity and is bringing litigation to end the discrimination those families face.

Soon, we’ll be announcing the families who will be part of our suit, and the prestigious pro bono partners who will help us fight in court. We are assembling the very best team to wage this battle and to ensure we have the best possible chance at dismantling DOMA. The Justice Department has taken a major step forward in refusing to defend the law. We intend to cross the finish line and end it once and for all.

All of us at Immigration Equality will continue to fight for our families in Congress, too.

While the end of DOMA would help many families, passage of the Uniting American Families Act (UAFA) remains critically important as well. Many states continue to discriminate against LGBT couples through state-level DOMAs. Families in those states still need a legislative victory so they don’t face separation or exile, too. While our work will expand as part of this new court challenge, our commitment to UAFA — and to ending discrimination for all families as quickly as possible — will not waiver.

This is an immensely significant moment for LGBT families, and Immigration Equality is uniquely positioned to take on this fight. With your help, we will succeed and keep our families together.

Look for more news about our lawsuit soon.

Yours in the fight,

Rachel B. Tiven, Esq.
Executive Director

P.S.: For information on how DOMA might impact your family, please visit our FAQ page, online here. And, if you are thinking of getting married, or are already married and thinking of filing papers with Immigration, or have already done so, please contact our legal department. Then, to make a gift in support of our litigation challenging DOMA, visit the Immigration Equality website.

http://www.immigrationequality.org/

Some Good News!
 

http://bit.ly/gv2gvk


"This morning, Monica Alcota and Cristina Ojeda, became the first married, same-sex, binational couple to successfully argue that deportation proceedings should be adjourned until their marriage-based immigration case had been fully adjudicated. The Immigrations and Customs Enforcement attorney and the Immigration Judge agreed that the couple should be given an opportunity to fight for a green card on the basis of their marriage and generously adjourned proceedings accordingly."

I have been watching their story!
This is AMAZING and wonderful news.
So happy for them.

Is this for real!?!?! I am still waiting for an official press release or some information on the Gov't website for Immigration.

http://www.democracynow.org/2011/3/3...me_sex_couples

U.S. to Accept Green Card Bids from Same-Sex Couples

The U.S. Citizenship and Immigration Services has announced it will no longer deny green card applications to married, bi-national, same-sex married couples. The decision means bi-national LGBT couples with recognized marriages will now be able to apply for citizenship while Congress decides whether to repeal or modify the Defense of Marriage Act.

ugh
 

U.S. immigration service will no longer accept green card applications from bi-national same sex couples

http://www.darkpolitricks.com/2011/0...e-sex-couples/

A victory scored by married bi-national same sex couples this week turned out to be only temporary.

After only one day, the United States Citizenship and Immigration Services (USCIS) said it would no longer accept green card applications from gays and lesbians with spouses from abroad.

“The guidance we were awaiting… was received last night, so the hold is over, so we’re back to adjudicating cases as we always have,” Christopher Bentley, a USCIS spokesman, told Metro Weekly.

The Obama administration announced last month that it would no longer defend the Defense of Marriage Act (DOMA) in court.



The administration said, however, that the law would continue to be enforced until Congress decided to repeal or modify it.

When asked if USCIS would also continue to deny green card applications to bi-national same sex couples, Bentley said, “Correct, based on the enforcement of DOMA.”

Steve Ralls, director of communications for Immigration Equality, told Raw Story that the USCIS decision was disappointing.

“Our government should be in the business of keeping families together, not tearing them apart,” he said. “The Department of Justice has said it believes DOMA is unconstitutional. Immigration Equality agrees, and we believe it is inappropriate to use that unconstitutional law to separate American citizens from their loved ones.”

“We reiterate our call for the Administration to respect our families and halt the denial of green card applications,” Ralls added. “At the very least, DHS should wait for the courts to settle DOMA‘s constitutionality before removing spouses who would immediately benefit if the law is struck down.”

Last week Immigration Judge Terry A. Bain gave hope to bi-national same sex couples when he halted deportation proceedings against Monica Alcota, a citizen of Argentina, while her wife, Cristina Ojeda, moves forward with a green card petition on her behalf.

We would consider moving back to the US, if they allowed me to immigrate, so I could work there. Until then, Canada is for us!

MAJOR BREAKING NEWS: Atty General Eric Holder Makes “Extraordinary” Move Towards Ending Deportation of LGBT Spouses

This is HUGE! Thanks for sharing HSN.

I am really confused. What does this ACTUALLY mean?

It is breaking news because The Attorney General has intervened in a specific case and urged the immigration authority to reconsider its deportation decision.

For a legal figure, so high in stature, to intervene and take a very public stand - it is a sign of a major shift in thinking on this issue, from the highest echelon of the government.

This could be a sign that legal change will come on the immigration front regardless of the outcome of DOMA battle.
The Attorney General cites their civil union as just grounds to stay the deportation, civil unions do not have legal parity with marriage; which means that the Attorney General's is urging the Immigration Authority to expand it's definition of family. Which could also be indicative that there is some sense of inevitability to repealing DOMA *or* it could indicate that the administration is willing to tackle LGBT rights one piece at a time. And it is a strong indicator that legal change as regards same-sex immigration could happen before DOMA is repealed or more states in the US offer same-sex marriage.

And of course, it means one couple (maybe even a whole lot of couples) could be given another reprieve from the deportation chopping block, in the interim while this potentially huge political shift become legitimized.

So does this mean that Henry and Josh will be okay? That the deportation will be stopped?

This could be amazing.

God... I hope so!

Bingo!

http://stopthedeportations.blogspot.....html?spref=fb

More good news... for this couple. for now.
 

Immigration Judge Postpones Deportation Proceedings For Two Years, Allowing Married Gay Binational Couple to Remain in U.S.

Directs Government Attorneys To Act on Request for Termination of Deportation Proceedings Within Sixty Days

SAN FRANCISCO, CA – This morning in San Francisco, Doug Gentry and Alex Benshimol -- a married same-sex binational couple -- appeared before Immigration Judge Marilyn Teeter for a deportation hearing and were permitted to remain in the country despite the Defense of Marriage Act (DOMA), the law that prohibits the recognition of same-sex marriages by the federal government. This is the latest in a series of recent court rulings that have demonstrated the inequality that DOMA forces same-sex couples to live under.

Specifically, the judge laid out two options. She gave the government 60 days to decide whether it will agree to drop deportation proceedings against Alex -- a Venezuelan citizen -- altogether. If the government elects not to drop proceedings, the same judge will revisit the case again in September 2013, ensuring that Doug and Alex are protected from deportation for at least two more years allowing them to return to building a life together with their family, including Alex's two step-children.

"Today the Immigration Judge demonstrated compassion and understanding for Doug and Alex as a married binational couple, granting them a reprieve from deportation by postponing further proceedings to September 2013," said Lavi Soloway, lawyer for Doug and Alex, and founder of Stop the Deportations. "The Judge also gave the government 60 days to inform the court whether it will agree with our request to terminate these proceedings pursuant to prosecutorial discretion guidelines issued June 17 by Immigration and Customs Enforcement Director John Morton. We will continue to advocate for termination of these proceedings and a moratorium on all deportations of spouses of lesbian and gay Americans."

"Today's hearing was one more step in the march toward full federal equality for LGBT Americans and those they love," said Robin McGehee, executive director of GetEQUAL. "Doug and Alex's courage to stand up for their family and the tens of thousands of other families facing deportation from this country is nothing short of inspirational. We will continue to work on cases like these that highlight the lived discrimination that LGBT folks in this country face, and will not stop until we can rest our heads at night knowing that we are fully equal under the law."

"We are pleased with the progress that this case demonstrates." said Mickey Lim, Vice President of Out4Immigration. "However there are thousands of same-sex binational couples who are still living with uncertainty because of the Defense of Marriage Act and many more that have already been exiled or separated by this unfair discriminatory law. We applaud Doug and Alex's courage to put a face on the issue and will continue to work towards securing equal immigration rights for same sex couples! We look forward to the day when we can welcome all of our friends and families back home!"

Alex came into the U.S. 12 years ago from Venezuela and overstayed a tourist visa, an immigration violation that straight binational couples can easily remedy once married; as a gay married couple, Doug and Alex do not have that option. Many same sex binational couples are legally married like Alex and Doug, but they are still treated as legal strangers in the eyes of the federal government. There is only one reason Doug and Alex faced deportation proceedings at all — the Defense of Marriage Act, a law that the President and the Attorney General have both determined to be indefensible and unconstitutional.

To support the couple and to show widespread public support for their right to remain together, legally, in the United States, many organizations working for full federal equality for lesbian, gay, bisexual, and transgender (LGBT) Americans held a rally outside the courthouse in San Francisco where the hearing is scheduled to take place. Organizations leading the rally efforts include GetEQUAL, Marriage Equality USA, Out4Immigration, and Stop the Deportations.

These organizations launched a petition drive last week to show public support for Doug and Alex, garnering close to 17,000 signatures of individuals who are supportive of assigning all the same rights and responsibilities to same-sex binational couples as to heterosexual binational couples.

Organizations supportive of the couple and the rally include API Equality, API Legal Outreach, Asian Law Caucus. Asian Pacific American Legal Center, Central American Resource Center, Chinese For Affirmative Action, Equality California, Immigration Equality, Love Honor Cherish, National Center For Lesbian Rights, National Immigration Justice Center, San Francisco Immigrant Legal And Education Network, and the San Francisco LGBT Center.

Representatives Mike Honda (D-CA) and Zoe Lofgren (D-CA) have also been actively supportive of the couple, and provided written statements that were read at the rally. Rep. Lofgren's statement included a passionate plea for binational families, including the excerpt below:

"Legally-married couples are being torn apart today in America because our laws unconstitutionally discriminate against same-sex marriages. Each and every day, American spouses are being forced to make unacceptable choices: live their lives separated from one another by thousands of miles, abandon their lives in this country and move someplace else, or break the law and go into hiding. This is a heartbreaking situation all across the United States. I believe the Defense of Marriage Act (DOMA) is unconstitutional and that the government should respect legally-married same-sex couples. I am confident that DOMA one day will not be law. The whole country will look back and understand it was simply discrimination."

Speakers at the rally included Bevan Dufty (Former San Francisco Supervisor), Phil Ting (San Francisco City Assessor/Recorder), Vincent Pan (Chinese for Affirmative Action), Ross Mirkarimi (San Francisco Supervisor), Lavi Soloway (Attorney for Doug & Alex), Heidi Li (API Legal Outreach), Ming Wong (National Center for Lesbian Rights), Ana Perez (CARECEN), Annette Wong (SFILEN), Dusty Araujo (National Immigrant Justice Center), and Judy Rickard (Author, “Torn Apart: United By Love Divided By Law”).


VISIT THE O4I BLOG TO READ ABOUT OUR WORK AND ACTIONS TO END DISCRIMINATION AGAINST SAME-SEX BINATIONAL COUPLES.

Yes, this sounding better and better for them. Plus, I am thinking that with these kinds of decisions going the way of marriage equality, there is a building of legal opinions mounting that might have positive effect on all of us eventually.

Every little bit, helps!

Headline this morning
 

Victory for Monica & Cristina! Government Closes Deportation Case Against Married Lesbian Couple in New York

http://www.stopthedeportations.com/b...-new-york.html

/snip

This is the first time the government has asked an immigation court to close removal proceedings against the gay or lesbian spouse of an American citizen since the formation of an inter-agency prosecutorial discretion working group began its work on November 17 with the goal of finding and closing all “low-priority” deportation cases.

/snip

"We are thankful to Immigration & Customs Enforcement and to Immigration Judge Terry Bain for closing this case and stopping the deportation of Monica Alcota. Although the Department of Homeland Security has declined numerous requests in recent months for specific, LGBT-inclusive guidance on deportation cases, this action demonstrates that existing guidelines that weigh “family relationships” and “ties to the community” can be properly applied to protect married lesbian and gay binational couples. After a courageous battle, Monica and Cristina have arrived at the end of a long journey that began when Monica was pulled off a Greyhound bus in July 2009 and held in an ICE detention facility for three months while we fought for her release. That nightmare ends today. Monica and Cristina can now turn to the business of building a future together without living in constant fear of deportation."
- Lavi Soloway, Attorney, Founder of Stop the Deportations

This is good news.
Now to the business of making this the rule, not the exception.

This is excellent news! Thank you for sharing, Linus!!

So I saw this yesterday and it made me go :blink:

So now we want to eliminate the legal path into the US as well? Really? I already have an issue with the way that the US treats undocumented individuals and not providing a path for those who have been here for a while to become documented. Now we want to make it even harder for legal immigrants from coming in?

Looking at this report ( http://www.immigrationpolicy.org/jus...us-labor-force ) , there is an interesting comment: