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The story in this video was first brought to my attention last week on Facebook. It is a story not unlike so many I have heard in my work with Out4Immigration. Josh, an American, married Henry, who is from Venezuela, in a state that recognizes gay marriages (Connecticut) last year. If Josh was "Jane", he would have been able to petition the federal government to sponsor his husband for a green card. While there may be a waiting period and even an "investigation", the couple would not be looking
A Brazilian man was reunited with his American husband this week after a U.S. senator pressed federal officials to temporarily allow the gay man back into the country on humanitarian grounds.

Nearly three years ago, the couple split when Oliveira was forced to return to Brazil after being denied permanent residency in the U.S. because the federal government does not recognize same-sex marriages.

The pair maintained contact through online video chats and sporadic visits during holidays.

The case gained international attention from gay rights and immigrant advocates who criticized U.S. officials for separating the couple even though they were legally married.
When I wrote a review of Elizabeth Gilbert's new book, Committed, last week, I failed to mention one of my favorite parts of the book. She wholeheartedly challenges the American government's continued discrimination against same-sex couples in immigration situations.

There was nothing ambiguous, however, about the situation that a dear friend of mine recently faced when she and her non-American partner had to figure out how the hell to be together despite a federal government that refuses to recognize their love and commitment. After many costly and painful twists and turns, they're now relying on an education visa. Incidentally, many international couples (heterosexual included) must rely on these visas in order to be together, as they can be far less costly than hiring a lawyer and going through marriage proceedings.

In any case, I wanted to shine a spotlight
Next week the D.C. Council will discuss a resolution showing support of the Uniting American Families Act pending in Congress.

Councilman At-Large David Catania authored the resolution last week, and the other 12 members of the council co-introduced it.

U.S. immigration law does not allow same-sex citizens and permanent residents to sponsor foreign-born partners for immigration benefits.

The UAFA, introduced in the House by U.S. Rep. Jerrold Nadler, D-N.Y., and in the Senate by Sen. Patrick Leahy, D-Vt., would "amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents and to penalize immigration fraud in connec
“Let me die, die trying; if I fall, at least my heart will have been true. Let me die, die trying; I can cry tomorrow if I do.”

Kristen Hall intertwines the necessary optimism and ever-lingering pessimism same-sex bi-national couples suffer in these two lines from one of my favourites of her insightfully written songs. When I listen to her velvety voice wrapping itself around these words, I feel the bristle of pain and anger that springs from a relationship started with pure joy and naïveté. Like many who are partnered with a same-sex foreigner, I often find myself teetering between tossing in the towel and jumping full force into the uncertainty of starting over, propelled equally by love and desperation.

I’m not over-dramatising—I’m a girl in love with a girl who just happens to come from another country, my country’s greatest ally—the United Kingdom. The mor
You're from the United States. You fall in love with a foreign national. Straight couples have legal recourse in this situation: get married and sponsor your spouse for citizenship.

Gay couples in this situation have no legal recourse, an issue that SF Weekly recently highlighted with the stories of several same-sex couples who were separated by US immigration law, or had one partner living in the United States illegally.

Because the federal Defense of Marriage Act prohibits legal recognition of same-sex relationships, couples married in California, New Hampshire, Massachusetts, Connecticut, Iowa and Vermont can't sponsor their spouses for citizenship either.

Democrats in the Senate have included a provision for same-sex couples in their immigration reform proposal released April 29, which will give them the same immigration rights as straight cou
A fund-raiser has been planned on Sunday, February 28 to support Immigration Equality, an organization that is seeking to get the U.S. HIV ban repealed this year, and is working hard to get legislation passed that will allow a U.S. citizen to sponsor his/her same-sex partner for permanent residency in the United States.
They met nearly 20 years ago in the Netherlands.

From the start, Jenny Phipps, a Delaware native, and Ottie Pondman said they forged a bond they never shared with their husbands.

When Phipps divorced her husband of 17 years, she moved in with Pondman, a native of the Netherlands, who was already divorced. The two lived as a couple in Zoetermeer.

But when the 52-year-old Phipps decided she wanted to return to the United States following her brother's death, Pondman, 61, agreed and came over on a visa waiver program -- essentially a tourist permit -- to legally remain here.

In September, though, immigration officials gave Pondman 60 to 90 days to leave the country. Her only chance of staying was to get married.
The United States has long been a resolute, generous leader in the international struggle to eliminate AIDS, but for the past 22 years it has also been one of a handful of countries to refuse entry to HIV-positive visitors, both tourists and those seeking to become legal residents.
But last week, as he prepared to sign a bill reauthorizing funds for HIV/AIDS programs, President Barack Obama announced an end to the ban, calling it a policy “rooted in fear rather than fact.”
It was a sound and welcome decision, eliminating a discriminatory roadblock that has been in place far too long without any scientific justification.
In 1987, in an atmosphere of fear and confusion over its nature and transmission, the Department of Health and Human Services added HIV/AIDS to the list of communicable diseases that could deny people entry.
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 co
...which includes that provided by the Immigration and Naturalization Act. ... Senators such as Kerry who favor the passage of UAFA are still...That may be a worthy attempt but with my experience in this issue I believe that energy should be put into legislation – we should be calling all our Representatives in Congress and demanding the change we were promised. Challenging this in the Courts will still yield one major shield for those who are not allowed to marry in their respective States. Until marriage is uniform, UAFA, which ascribes the right to Permanent Partners, as the relationship that seeks validity to circumvent DOMA.

In the meantime, pending legislation, which must happen and soon, I call on Senators Feinstein, Kerry, Gillibrand, Schumer, Frank to pave the way for binationals by enacting / introducing/Class Private Bill whatever it takes -a moratorium on
He came here nine years ago from Indonesia, a gifted young student who earned a Ph.D. in structural engineering -- on a full scholarship at the University of Pittsburgh -- met his partner at a Starbucks in Shadyside, got a job in Washington, D.C., bought a condo and got married.

And on Wednesday, he got on a plane to Indonesia -- against his will.

Because he is gay, the man calling himself "Joe Smith" -- he asked that his real name not be used because he hasn't come out to his Indonesian family -- is not recognized as married under U.S. immigration law. So, when he was laid off from his job in April, Mr. Smith lost his employment-based green card, couldn't qualify for a family-based green card -- and the deportation clock started ticking.

Today, Mr. Smith's partner, Steve Orner, will appear at a congressional briefing on a House bill that would giv
full equality for the LGBT community. The event, named the National Equality March, comes on the heels of growing calls for the federal government to pick up the pace on civil rights legislation, such as recognition for LGBT couples, repealing “Don’t Ask, Don’t Tell” and finally passing an inclusive employment non-discrimination act. Organizers say they are expecting tens of thousands – if not hundreds of thousands – of participants for the event.

Steve and Joe, however, will be notably absent.

The couple, who recently married in Connecticut and bought a home in Washington, D.C., will not be in the capital on Sunday. Instead, they will be packing Joe’s belongings. Under federal law, Steve and Joe are no longer allowed to live together in the country they call home.
The New York City Council passed a resolution Wednesday supporting a congressional bill to allow American citizens to sponsor their foreign-born, same-sex partners in the naturalization process.

The resolution on the Uniting American Families Act of 2009 was passed within two weeks of being introduced. Eight people, including Immigration Equality executive director Rachel Tiven, testified to the Immigration Committee on September 29 in favor of the resolution.
Already in Congress is the Uniting American Families Act (UAFA) and the Reuniting Families Act, which seek to put a stop to the discrimination and permit same-sex partners to obtain permanent resident status by amending the Immigration ...

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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.