Register | Login

BinatUK | Published

Rare Permission by DHS for Binational CoupleLez Get RealHowever because gay people are unable to sponsor a spouse for immigration to the USA in parity with heterosexual couples, they were separated for nearly ...and more »

Tim Coco and Genesio Oliveira married in 2005, when same-sex marriage became legal in Massachusetts.

However because gay people are unable to sponsor a spouse for immigration to the USA in parity with heterosexual couples, they were separated for nearly three years with Tim in Massachusetts and Genesio stuck in Brazil..

In an extraordinarily rare show of compassion, the immigration officials granted permission for Genesio to enter the USA and remain here for one year on humanitarian grounds, clearing the way for him to try again for legal residency.


Coco said he has spent about $250,000 in legal bills. A h
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
Mr. President, with great respect, I am mentioning this during the holiday season because this time for many is fraught with sadness, fear and pain. Exiled Americans, who are with their spouses, cannot come home to spend Xmas with extended families and if they do, they have to leave spouses abroad. Tens of thousands of same sex couples are unable to spend these holidays together because they are stuck in different countries. These families cannot wait any longer. Our binational spouses and partners are being turned away at US airports, even as I write these words, at the arbitrary instance of an ICE officer....
Immigrant rights and LGBT activists have expressed dismay as a major immigration-reform bill introduced into the U.S. Congress by Rep. Luis Gutierrez failed to include key provisions they had sought.
Chief among these was an allowance for LGBT people to sponsor their same-sex partners for immigration—which would, at least in this regard, put gay couples legally on par with heterosexual married couples.
The State of Maine’s rejection of marriage equality at the ballot box yesterday is being heeded as a call for federal LGBT rights by activists and organizations around the US, including Out4Immigration.

The Maine vote was 53% in support of taking away civil marriage rights granted to gays and lesbians by approval of the state legislature and signed into law by the state’s governor 6 months ago. 47% of voters supported marriage equality. “Subjecting minority rights to majority vote repeatedly denies equality to LGBT families,” said Mickey Lim, vice president and co-founder of Out4Immigration, a grassroots organization that works closely with same-sex marriage groups for recognition of same-sex binational couple rights tied to federal immigration policies.

Out4Immigation advocates for same-sex binational couples, relationships in which one partner is American and
Despite a plea from Senator John Kerry, Attorney General Eric Holder has refused to act in the asylum case of Genesio "Junior" Oliveira, who requested asylum in the U.S. in 2002. In 2005, he was married in Massachusetts to his husband Tim Coco, but the couple have been separated since 2007 when Oliveira was sent back to Brazil after his asylum requests and appeals were denied.
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
We wrote about this a little bit on Wednesday, but it’s important for the LGBT community to start looking for the next fight which is immigration reform (for some 36,000+ bi-national gay couples living in exile or facing an uncertain future), DADT, and DOMA.

The LGBT community needs to abandon the notion that incremental change will suffice. I have news for you: It will take about 13 years to gain a majority of states on our side with that approach. Who stands to gain from this approach? I’m glad you asked! People like Joe Solmonese from HRC, your elected officials in Congress, and the President. They all benefit because it ‘appears’ that they are working hard for change, but in essence, it’s a half-hearted piecemeal effort. Why do I sound so cynical? That’s because going this route is easy and doesn’t require much expense, because the political winds are shifting in our fa
When it comes to immigration rights, detail the rampant fraud associated with religious workers visas and point out that there is no threat from same sex binational couples. With the LDS Church, point out their racist past and point out ...

At rallies today in San Francisco, Los Angeles, San Diego and Fresno marking the somber first anniversary of the passage of Proposition 8 in California, organizers will announce the launch of the first major fundraising campaign to place a marriage equality initiative on the California ballot in November 2010.

Organized by Yes! on Equality and TruthandHope.org, in collaboration with Restore Equality 2010, the goal of the “Million for a Million” campaign is to raise the $1 million necessary to fund getting the more than one million signatures needed to place a marriage equality initiative on the ballot.

Undaunt
Some immigration officers now claim that my previous marriage was false and done only for green card purposes and so I continuously experience bi-phobia and live fear that my citizenship application may be denied due to my sexual ...
A Poll questioning priorities revealed that lack of Immigration Rights for binational couples is not a priority on the list of hardships. The latter refl;ecting the typical – “if it affects me then I will consider it attitude. ...
Congresswoman Jackie Speier (D-San Mateo) doesn't believe including pro-gay reforms in a comprehensive immigration bill is the best strategy to win rights for binational LGBT couples. And with Congress bogged down on passing health care reform legislation, she also cautioned LGBT activists not to expect any action on the issue until 2010.

"By making the bill comprehensive it does muddy the waters," said the freshman House member, who predicted "nothing will happen this year on immigration."...
Remember when President Obama promised to be our fierce advocate, then got to the White House and sat on his hands, and then invited us over for tea to make nice? Looks like LGBTs aren't the only "special interest" (hah!) group outraged at the way he operates.

Some of us (bi-national couples) are waiting for comprehensive immigration reform that also includes same sex bi-national couples, my name is InExile for a reason. Some of us are sitting here waiting for immigration reform ...
In entering such an international relationship, Judy and Karin also joined the ranks of binational LGBT couples who have lived out the difficulties associated with an immigration system that treats gay and lesbian couples differently ...While Judy, Karin, Tom and Aidan have understandably been consumed with their own living situations and the difficult decisions they must make, they are also taking the time to get involved and educate Americans, gay and straight, about the plight of LGBT binational couples.

Earlier this year at a Human Rights Campaign dinner, U.S. Rep. Michael Honda, speaking with U.S. Rep. Jerrold Nadler, both supporters of same sex binational couples legislation, named Judy Rickard and Karin Bogliolo as his educators on this issue. They urge members of the American LGBT community to contact their legislators and, most importantly, spread the word.

They have also turned up the heat on the already highly controversial immigration debate by including rights for same-sex couples in their desired reforms.

About 36,000 same-sex binational couples live in the United States, and those in which one of the partners is legal but the other is not are not allowed to apply for residency the way heterosexual couples can.

Because the Asian Pacific Islanders' call for immigration reform is largely based on family reunification, same-sex immigration reform is a natural fit, Sadhwani said.

Family reunification is the primary reason Asians and Pacific Islanders come to the United States. And though a path to citizenship exists for most family members of U.S. citizens and green card holders, many wait for years in their home countries to get a visa, according to the APALC.

Follow on Twitter
Feedburner

Subscribe with Bloglines

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.