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Loading ...Bill would allow gays to sponsor foreign partners
02.12.2009 5:30pm EST
(Washington) Legislation was re-introduced in Congress Thursday that would allow Americans in a same-sex relationship to sponsor their “permanent partners” for legal residency in the United States, a right currently afforded only to opposite-sex couples under immigration law.
The Uniting American Families Act was filed in the House by Rep. Jerrold Nadler (D-NY). Nadler has been fighting for the bill for nearly eight years. With Democrats now in Control of the Congress and the White House Nader said Thursday he is hopeful the measure will become law.“In 2009, we should be ready as a society to acknowledge that stable American families come in all varieties,” said Nadler.
“We in fact strengthen our communities – and our nation – by encouraging loving couples and families to stay together and live as cohesive units. Any committed couple deserves the potential to form a life and a family together – this is a basic human right – and whether that couple is gay or straight should be irrelevant. Gay and lesbian Americans in loving, committed relationships deserve the same rights as everyone else.”
Because the U.S. does not legally recognize same-sex couples and their children as families, many same-sex bi-national couples are torn apart when one partner lives in the United States.
The Uniting American Families Act would add the term “or permanent partner” to those sections of the Immigration and Naturalization Act that apply to legally married couples.
“Permanent partner” is described as an adult who is in a committed, intimate relationship with another adult in “which both parties intend a lifelong commitment.” The legislation would afford equal immigration benefits to permanent partnerships – but would also apply the same restrictions and enforcement standards.
For example if a person were found to have entered into a fraudulent permanent partnership for the purposes of obtaining a visa for another person, they would be subject to the same five year maximum imprisonment, or $250,000 maximum fine, or both, as a person who contracts a fraudulent marriage would.
At least 16 countries currently allow residents to sponsor same-sex permanent partners for legal immigration, including Australia, Belgium, Brazil, Canada, Denmark, Finland, France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, South Africa, Sweden and the United Kingdom.
Jordan, I agree with Lou.
Immigration needs to happen in a legal and orderly way. You will note here that others mention applying for citizenship and residency of say Australia or Canada. That is the correct way to do things. (I speak from experience in that my stepmother is from Austria.)
I also believe that immigration laws need to be changed to allow same sex partners to obtain citizenship to the US. I have such little faith in those that supposedly represent us that I have doubts that it this will happen.
The articles here are sometimes poorly researched. Most other European countries provide immigration rights for same sex partners.
Spain (which also has full, equal marriage for same sex couples), Andorra, the Czech Republic, Hungary, Luxembourg, Slovenia, and Switzerland also have some sort of civil union status that affords immigration rights for same sex couples.
I am sorry, but not including Spain with same sex marriage since 2004 is unforgivable.
In addition, all EU citizens have a right to have their relationship “facilitated” in any member nation.
Israel recognizes foreign same sex marriages / civil unions and allows immigration rights.
Yes, this body of law is intricate, patchwork in nature, and constantly in flux. But, each jurisdiction represents a hard fought victory and a real improvement in the daily lives of the couples living there.
Wow – so much negativity here. I have suffered significantly because my partner cannot come here from Brazil, not even for a visit. We applied for a student visa and one letter from the local consulate who handled his visa request mentioned the “unclear relationship with his sponsor” who was me. I had documented my ability to house him and provide room and board while he attended school to learn English. It turns out this was a mistake. Immigration services in the consulate viewed this with suspicion.
But, I don’t want to be hopeless or give up the fight. In the last session of congress there were 18 co-sponsors in the Senate and 118 in the House. Immigration Equality is working hard on this bill. It may not pass this session, but we can roll up our sleeves, call our senators and congressional representatives, follow the progress at the Immigration Equality website and keep up the fight.
If the activists at Act Up had believed there was no point in “die ins” or outrage, if the patrons of Stonewall had walked away or let themselves be arrested, if we don’t continue to fight and try and tell our stories and ask for support from our allies… well then we should be hopeless.
Take action. Tell your congressional representatives what this inequity costs you and costs the US. I gave up a federal job because my needs to travel to Brazil were inconsistent with the needs of a part-time employer. I work in contracts now that allow this. This was 6 months ago. The job is considered critical and it remains unfilled because there is a shortage of people in this profession. Let them know. This inequity is not just unfair and burdensome for the couples who remain apart or have to sacrifice unreasonably if to be together, it is unfair to our country. Why should we be chased away. Can our country afford to lose us? I think not. We have to show them how this unfairness burdens us all.
Too late for us. Tom and I have been together for 16 years, living overseas because the US won’t issue him a visa. Now my father’s had a stroke and the choice is to put my Father in a nursing home (my elderly Mother can’t care for him by herself) or bring my parents to live with us overseas. The best solution, for us to move to the USA to take care of them, is not an option for us, like it would be in most any other Western country. Bad luck to born Gay and an American citizen.
I am Canadia, my husband is US. I have to leave in April, if this passes, we wont have to give up our lives. We have been watching this bill for a long time…..
it would save our lives if it were to pass.
Trace,
What about you? Do you only agree with Lou Dobs? What this article teaches us is that the US imigration system is SERIOUSLY flawed and discriminatory of ANY families that don’t fit the traditional “conservative religious” family “small box”.
So many imigrant gay individuals have to circumvent this system by paying thousands of dollars for a pseudo-wife/husband that can sponsor their citizenship.
If the system discriminates you like this, then there is nothing wrong with going around it, especially in a circumstance of true love.
I’m a US Citizen and my partner is Australian. When we were deciding how to best move forward with our relationship, it was pretty obvious which country would be the better choice. In two months I’ll be applying for permanent residency in Australia on the basis of our relationship and I’ve been living here for about a year and a half.
I’d love for us to have the option to move back to the states, but it’ll be a while before we would even consider it, as I want to get my citizenship here first to make sure that no matter what happens we at least have somewhere where we can be together for sure.
I hope this passes. It’s insulting to me that my own country doesn’t want to let us live there.
Who knows though, the US has probably lost my skills for at least 10 years as I’m quite happy here.
Brazil, Colombia and Uruguay, in Latinamerica.
Woo hoo! Now I just needs to get me an American boyfriend.
We have to get this rite back to GLBT. Hey guys, we make no difference to straight couples and why our GLBT binational couples are denied their rites to bring their partner into America. Let’s fight for this together. It’s time to show our GAY POWERS!!!
We have such a long way to go before we achieve true equality. I won’t live to see it; I wonder if my spiritual grandchildren will.
cm, Lou Dobbs is not anti-immigration. He is anti illegal immigration.
Most Legal Immigrants would agree with that point, as well.
Lou is on record as saying that a National Marriage Amendment was “Sheer nonsense.”
I married my Thai husband in San Francisco this past summer and though I really want to stay in the US, I’m really thinking the only way we can move forward in life is to move someplace accepting legally, like Canada.
Well, I hope this passes, but I will not hold my breath. Being in a relationship off and on with a Japanese man, it would be great to sponsor him so we could both legally live in the same country!
I’ve gone through numerous student visas in order to live in Japan, but one can only be a student for so long.
This is not going to happen. Sad, but true. Too many conservative democrats who will oppose.
I was in a long term relationship (7 years) with a Brit, and I a US citizen. We did our best, surviving on 3 month visits to see each other, but by the time immigration was legal in the UK (6 years into our relationship), the relationship was lost.
Straight people (bigoted ones) don’t think about things like this, when it comes to gay marriage. I don’t want to step on anyone’s religious rights… I just don’t want the best thing that ever happened in my life to fall apart due to bigotry and intolerance.
I really hope it passes, but I just don’t see it happening.
(The Lou Dobbs anti-immigration crowd isn’t helping on this either.)