(San Mateo, California) A Northern California family is expected to be torn apart on Friday when Shirley Tan is scheduled to be deported back to the Philippines, leaving behind her life partner and their 12 year old twin sons.

Tan and Jaylynn “Jay” Mercado were married in San Francisco in 2004. Their marriage was voided, but even if it still were in effect the federal Defense of Marriage Act prevents Mercado from sponsoring her partner of 23 years for immigration.

Were the women a married opposite-sex couple, Tan could be legal.

“From the moment my sons were born we have never been apart.  It’s tearing me apart to have to leave without them,” said Tan.

Legislation was re-introduced in Congress last month that would allow Americans in a same-sex relationship to sponsor their “permanent partners” for legal residency in the United States.

The Uniting American Families Act was filed in the House by Rep. Jerrold Nadler (D-NY) and in the Senate by Sen. Patrick Leahy.

With Democrats now in Control of the Congress and the White House LGBT advocates are hopeful the measure will become law.’

“Shirley Tan’s unacceptable situation is just one example of why Congress must pass immigration equality legislation.  The Uniting American Families Act, which I co-sponsored, will allow lesbian and gay Americans to sponsor their permanent partners for residency in the United States,” said Rep. Jackie Speier, one of 110 cosponsors.

“In the near term, I am confident that any official who examines the facts in Shirley Tan’s case will come to the conclusion that this hard-working mother of two should not be sent to a country where she has no support network and was the victim of a horrific act of violence.”

“Until the UAFA passes, families like Jay and Shirley’s are at terrible risk,” said Immigration Equality Executive Director Rachel B. Tiven.  “We are hopeful their members of Congress will introduce a private bill that would spare their twin boys and the boys’ grandmother from having the country they love tear their family apart.”

It is doubtful though that any legislation could be passed before the Friday deadline.

Across the country, 37,000 couples face similar circumstances.

Last week, the White House issued a statement about the Uniting American Families Act, saying “[President Obama] thinks Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country.”

Victoria Neilson, Immigration Equality’s Legal Director, stated, “There may be no options for Jay and Shirley under existing law. How can they explain to their children that the U.S. Government does not consider them a family?”