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Under current United States immigration law, same-sex partners, even those married in states that perform same-sex marriages, do not qualify as “spouses” for immigration purposes. Consequently, while a U.S. citizen in a heterosexual marriage can petition for a green card for his or her spouse, this option is not available for same-sex couples. In the fifteen years that I’ve practiced immigration law, I have had the privilege of helping a number of foreign nationals join their same-sex partners legally in the United States. In the absence of legislative reform, the following are methods that, with the assistance of an immigration lawyer, may be successfully employed to reunite bi-national same-sex couples.

Foreign nationals wishing to enter the country for up to six months to visit a domestic partner may apply for a travel visa at the United States consulate in their home country. The process of entering as a visitor can be a difficult one – foreign nationals bear the burden of proving to the consular officers that they do not intend to immigrate to the U.S. To do this, they must prepare documents that establish their ties to their home country such as proof that they own property, are employed and have family ties in their native country. Whether or not the travel visa is granted is ultimately up to the discretion of the consular officials who interview them and ...

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Promoting public awareness of the need for fairness in immigration policy particularly as it relates to the rights of same-sex bi-national couples in the United States who seek equal immigration rights; Providing information regarding political issues relating to gay immigration equality issues, rights and policy.