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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.
I am surprised at the wide definition of partner in the bill. This might be the target for opposition to it. In Canada sponsorship sponsorship is allowed for married couples, couples who have cohabited for one year, and parties who have been in a committed longterm relationship for one year. As a Canadian immigration attorney who was involved in lobbying the government to allow same sex partners to be sponsored, I know that a concrete definition of partners was effective in bringing about legislative change.
Brad said,…The articles here are sometimes poorly researched. …I am sorry, but not including Spain with same sex marriage since 2004 is unforgivable.
The article was just stating that at least 16 countries had allowed residents to sponsor same sex permanent partners as was being proposed in the US. It is a given that a married couple (gay or straight)in Spain or any other country would not have an immigration problem.
There is absolutely no reason that this bill should not pass.
I am about to move to the UK to be with my partner. It’s the only way we can be together, and luckily she comes from a country that gives us legal rights and where I can speak the language. It does make angry though that I have to leave a secure job in a time of recession to start over. America could have had two successful tax-paying people, one who could have even employed Americans, but it’s homophobic policies require us to leave. I wish we could bring more urgent attention to this subject. So many LGBT Americans I speak to aren’t even aware of this issue. They say, “but can’t you get married in Connecticut?” I think we could help UAFA pass this time if we mobilize around it, especially now that we have groups like Join the Impact. But we need help since so few people like myself are able to get our voices heard. We need more media attention around this subject!
My late partner and I had to move to Europe so we could live together, he had American and Belgian citizenship, so it was possible for us to get married in Brussels and live together legally in Belgium. My spouse passed away last year in Spain, the United States of America, the country he was born in, the country he fought for in WWII, and the country he served in the federal administration for over 40 years, and the country to which he faithfully paid his taxes every year denied my spouse the right to marry the man he loved, be with him and also denied the possibility of dying in his own country.
I was forced to leave the US over these restrictions. My partner is from Italy (no immigration their either), we were able to settle in Toronto, Canada, where we became citizens
Why doesn’t someone in congress just introduce a bill that allows US citizens to sponsor anyone for immigration. They could just limit the number (say 2). This would take out the same-sex aspect that is so distasteful to a lot of folks. This would solve a lot of the hardship for international couples.
Jose Ramon Merentes,
Uruguay, isn’t that the only Latin American country with civil unions legal throughout the entire country and not just in a few states like in Mexico and In Brazil or in individual cities like Buenos Aires and Mexico City?
Since my american visa doesn’t allow me to work here, my american partner have been working 60+ hours a week so he can keep his house and things. If this bill doesn’t pass soon, we’ll be obligated to sell everything and go somewere else. America is not treating their gay sons and doughters fairly.
The only thing we can do for now is to mobilize ourselves and act to help this bill pass.
Good luck everyone!
JGF – I am sorry to hear about your partner. Deserved better.
Bob – there area already laws about bringing *just* family members with foreign citizenship to the US – and the back log is between 13, and 20 years (yes years) to process.
I’m able to claim EU citizenship, though I never have due to financial reasons (taxes mostly), but I think I probably will, just to give me an option of living in a place where I have all the same rights as anyone else. (Even if it’s only part of the EU).
Strait people don’t realize what they do to people or families with all this crap. All about family values – but soooo many families have been ripped apart. Hugs to all of you who have been through this.
I would have like the article to mention Spain as it is the 3rd country in the world to fully accept glbt people. After all, it granted gay marriage without any distinction.
I just read Mr. Nadler’s bill for the Uniting American Families Act. I was not aware of this bill. I am in a committed relationship with someone from Canada and we are having a difficult time trying to be together. It is expensive and stressful. What can we do as American citizens to give this bill legs in the communities? Please keep me posted as to what happens to this legislation.
Thank you,
Kathy
The list of countries that already reads like this includes about 3/4 of countries that grant gay marriage or federal civil uniions that approximate for real gay marriage.
But so far the USA is like a third world country. Of course what would you expect when we just got rid of a third world dictator and his entourage. (name begins with B, 4 letters, but extreme profanity is not allowed here.
I hope that is bill gets passed because i recently just broke up with my ex boyfriend due to the simple fact that he’s an immigrant and I’m still in love with him. He wants to find a woman to fall deeply in love with him and trick her into marrying him so he can get his legal papers. It hurts me that I can’t do nothing about it and I can’t help him in any way because I’m a man and I’m not a woman. We were together for 3 and 1/2 years. We’ve been through so much and to see that gay can’t have rights just like str8 couples, makes me furious. I feel like if I’m a tax paying citizen, we should be granted the same amount of rights like everyone else. If it happens that me and my ex doesn’t get back together, I still want to be a big help to everyone else that’s in a relationship with anyone from another country. We can’t help who we fall in love with!!
YES WE CAN, YES WE CAN!!!!! REMEMBER THAT PROMISE? I am wondering why we cannot assemble the largest gay march ever on DC and the Whitehouse in 2009?
HRC HRC HRC where are U?