November 21st, 2009
 

365 Gay: News

Same-sex couples seek immigration benefit


(Washington) Judy Rickard took an early retirement and a reduced pension so she could be assured of more time with her partner, a British citizen whose stays in the U.S. are limited to six months.

Rickard, 61, would have preferred to keep working at San Jose State University and sponsor her partner, Karin Bogliolo, for residency in the United States, just as heterosexual couples can. But U.S. law does not allow for that.

“If you’re going to have a system that’s designed to keep families together, it should focus on keeping families together,” Rickard said.

That could soon change, as more than 100 lawmakers in the House and about 20 in the Senate have signed onto bills that would add the United States to the 19 countries that already recognize same-sex couples for immigration purposes.

Gay rights groups are encouraged that President Barack Obama has signaled that he would like to include couples like Rickard and Bogliolo in the bills.

“In many ways, the stars are aligning to move this forward as part of a comprehensive bill,” said Steve Ralls, communications director for the advocacy group Immigration Equality. “That’s an opportunity we didn’t have years ago.”

The provisions concerning same-sex couples are part of legislation that would increase the number of visas provided to family members of people already in the United States legally.

The long-standing fight over the country’s estimated 36,000 same sex couples of two nationalities is a small but emotional part of the debate over immigration reform. But including same-sex couples in the mix could make it harder to pass an immigration overhaul.

A key ally in past immigration fights, the U.S. Conference of Catholic Bishops, said it would not support a measure that has a same-sex provision.

Writing to Rep. Mike Honda, D-Calif., the organization said the provision would “erode the institution of marriage and family by according marriage-like immigration benefits to same sex relationships.”

Other groups say that it is often difficult to verify the validity of same-sex relationships if one of the partners comes from a country that does not recognize or document same-sex unions.

Honda, lead author of the “Reuniting Families Act,” credited Rickard, one of his constituents, for bringing the issue to his attention. Honda said his Japanese heritage contributed to his taking a closer look at protecting same-sex couples through an overhaul of the nation’s immigration law.

Japanese-Americans were sent to internment camps during the fallout from Pearl Harbor and redefined as persons of enemy alien ancestry, Honda said.

“The lack of political leadership played a big part in what happened to us,” Honda said. “And that’s true in almost every civil rights case.”

Another California resident, Shirley Tan, testified before the Senate Judiciary Committee last month in favor of a comparable bill.

Tan has been in California since arriving on a visitor’s visa in 1989. She applied for asylum in 1995 because she was afraid of a cousin in the Philippines who had killed her mother and sister and critically wounded her.

She was unaware the petition had been denied until federal agents took her away in handcuffs at the end of January. Democratic Sen. Dianne Feinstein of California has since sponsored a bill that allows Tan to stay in the U.S. until the current session of Congress ends in late 2010.

“I have a partner who is a U.S. citizen, and two beautiful children who are also U.S. citizens, but not one of them can petition for me to remain in the United States with them,” Tan said.

The NAACP and the American Bar Association also spoke in favor of including “permanent partners” as part of an immigration bill, saying that current law amounts to discrimination.

Permanent partner is defined in proposed legislation as an individual 18 or older who is “in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment.”

Sen. Jeff Sessions, R-Ala., said he doubted the legislation would pass this Congress. He said it amounts to a redefinition of marriage and would give people more opportunities to come into the United States fraudulently.

“It seems we would be creating a special preference and benefit for a category of immigrants based on a relationship that’s not recognized by federal law and overwhelmingly by most states,” Sessions said.

Rickard said she may reluctantly move to Great Britain or another country when her partner’s current travel visa expires in November. Bogliolo, however, said she would prefer to live in the U.S. for her partner’s sake.

“Judy has elderly parents and family here and she’s also lived here all her life whereas I’ve lived in many different countries,” Bogliolo said. “I think Judy would find it very difficult after a whole life in San Jose to move over to Europe, so I decided if at all possible that I would move over here.”


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  • Mike Said: July 21st, 2009 at 4:44 pm
    • time to boycott Jamaica for good!

  • Mr. Coffee Said: July 21st, 2009 at 2:10 pm
    • Interesting to read this just now as I sit in a hotel outside SFO waiting for the plane that will take me, my husband of 15 years, and my 80 year old parents off to Thailand where my parents will live out the rest of their years in our care.
      Of course, they would have preferred to stay in the family home of 60 years, but I’m an only child, long-term care is not an option, and my husband and I can’t come to be with them in the USA because my husband is not a US citizen.
      Nice to know the conservatives are so pro-family. Tell Mom and Dad about that.

  • Morgan Said: July 21st, 2009 at 11:34 am
    • Sessions, go home, you are not needed!!!!!

  • Fred Said: July 21st, 2009 at 12:11 am
    • I am one of the binational couples. I live in Europe now because current laws would not allow my partner and I to live together in the US. I feel like I live in exile of the US, the country where I have paid taxes for many years, to a government that believes I am a second class citizen. This is the ultimate of discrimination. Yet, the US fights for Iraqis’ civil rights. It makes no sense.

  • SteveMD2 Said: July 20th, 2009 at 11:50 pm
    • “A key ally in past immigration fights, the U.S. Conference of Catholic Bishops, said it would not support a measure that has a same-sex provision.”

      Well, who else would you expect to object, other then the vatican and southern christians.

      It was the vatican who gave the world the hatred of the Jews, which hitler leveraged into power and 50 Million died, including 6 million people in WWII. To put it bluntly, the vatican is guilty via their past hate speech of causing Genocide.

      And the Southern White Christians eg so Baptists. who were the cultural/religious bedrock of slavery and the creators of segregation. What they did for all practical purposes amount to Genocide as well. Especially of the black family. They talk about protecting marriage and the family. While their history has been to destroy it.

      To say nothing of the so called christians like Sens. Sanford and Ensign, the hypocrites supreme, who prattle about the family all the while destroying their own.

      But what it is all about from the religious conservatives point of view is not gay marriage. That is just a whipping boy to hide behind.

      For if these religions were really undersstood by the populace at large, 90% of the good religious people whose minds haven’t been totally poisoned, would find themselves a church of Love. And leave their churches of hatred and hypocrisy

  • SARK Said: July 20th, 2009 at 6:23 pm
    • My partner and I have been together for 11 years. He is Australian and I am American. We settled in Australia because there are immigration laws here that allow same sex couples to stay together on the grounds of their relationship. I believe we should be able to live in either partner’s country of origin.

      As an American citizen, I assert the right to have my same-sex partner live with me in the United States. This is a human rights issue and has nothing to do backward thinking. If we want our country to move forward, we need to think forward. Get over it and get with it.

  • cm Said: July 20th, 2009 at 5:32 pm
    • Tammy, you’re one of the lucky ones. By the time the UK passed immigration reform, it was too late for my partner and I. 7 years down the tubes. The stress takes its toll.

      I’d love to view this as a step forward, but as it has snowball’s chance in hell of passing, it’s just a sad reminder.

  • David Said: July 20th, 2009 at 4:59 pm
    • My partner and I have been together 8 years, we met during university in Canada and moved back to the US (where I am a citizen) after graduation. He has always lived and worked here legally, using TN status and more recently he had obtained H1B status and his employer of 4 years was working to get permanent residence for him, this process had been going on for about 2 years (with no clue as to when or if the government would approve anything), he was recently a casualty of the economic downturn and lost his job… he was offered a new job within a week, but the new employer is balking at the prospect of having to deal with the red tape of immigration, and doesnt want to sponsor him for permanent residence. So now we are forced with the prospect of him living with temporary status (if the new employer is even willing to help with this), living basically day to day, making it harder to visit his family in Canada, adding to the stresses of normal life, mortgage, taxes, all because we never know exactly how long he will be able to remain in the country. I get so tired of hearing people say “why doesnt he just apply for citizenship”… if only it were that easy….

  • Ken Said: July 20th, 2009 at 4:14 pm
    • I am the one of them. i have an expire travel VISA. & i married to my Partner in California. but, it won’t change my illegal status because of the DOMA under the federal Law. I lived under the dark cloud over my head past 9 years.

      Please visit http://www.immigrationequality.org/

      they can tell you more about this bill. and please give us a hand.

  • Tammy Said: July 20th, 2009 at 3:54 pm
    • The 36000 figure grossly underestimates the number of binational same sex couples affected by this as it only addressed those included in the US census. It fails to include those of us who were forced to leave the US already in order to be with our same sex spouses/partners. I’ve been living in the UK for a number of years now, because I wasn’t able to sponsor my British wife for immigration, in spite of the fact that we were married in Canada. I hope this does change this year.

  • Robert, NYC Said: July 20th, 2009 at 2:16 pm
    • Since when does a religious cult such as the RC gang get a say in immigration reform that would exclude LGBT people. I don’t get it. Why are these bigots allowed a say in legislation and why is government allowing it? The only conclusion to be drawn is that there is NO separation of church and state.

  • concerned citizen Said: July 20th, 2009 at 1:45 pm
    • It amazes me that many people are not awear of this problem. 36,000 people who can not be with their partner is one too many. These are americans who can not have the freedom to love whom they choose.

  • Toddmh70 Said: July 20th, 2009 at 11:36 am
    • “Sen. Jeff Sessions, R-Ala., said he doubted the legislation would pass this Congress. He said it amounts to a redefinition of marriage and would give people more opportunities to come into the United States fraudulently.”

      Not surprised by his comments.

      He is a racist and a bigot that was denied a seat on the federal bench, recently asked thinly veiled racist and sexist questions to Supreme Court nominee Sotomayor.

      At least he’s a consistent A$$hole!

 
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