Once passed, the UAFA would stipulate a new immigration category allowing “permanent partners” of United States Citizens and Lawful Permanent Residents to acquire immigration benefits. The act itself is somewhat ingenious in that it creates a new category and therefore sidesteps a direct confrontation with the definition of marriage as stipulated in the Defense of Marriage Act. Even if US law did not acknowledge the multi-national couple’s relationship status, it would probably bestow substantially similar immigration rights as those accorded to married people of the opposite sex. As time goes on and more local jurisdictions begin recognizing same sex marriage, the Defense of Marriage Act will become somewhat innocuous and irrelevant because many of the several states will recognize the union and Federal benefits will be granted based upon the usage of different terminology to define the relationship.
An interesting aspect of the UAFA from the standpoint of a US Immigration lawyer is the process of proving a “permanent partnership.” I suspect that proving the bona fides of such a relationship will require more evidence due to heightened scrutiny on the part of USCIS adjudicators and consular officers at diplomatic posts around the world. In a way, the permanent partner visa will be somewhat akin to the K1 visa because the underlying relationship necessary to obtain a K1 is not a legal marriage, but instead a bona fide relationship in which both parties have the intent to marry upon the alien’s entry into the United States. In cases involving permanent partnership the inent to marry would probably not be required, therefore the applicants for a visa based upon permanent partnership would only need to prove the bona fide nature of the continuing relationship ...
US Visas for Same Sex Couples The Uniting American Families Act
Posted by
Fight4theRight 1062 days ago
(http://www.dwteck.com)
Who Voted for this Story
Feedburner
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.
Comments