DISQUS

AMERICAblog: AP on the plight of bi-national gay couples

  • unitednations · 5 months ago
    The EXCLUSION of ALL LGBT persons from using the US Immigration System and the resulting devastation it reeks on thousands of her own lawful citizens and their family’s, is nothing short of - A NATIONAL DISGRACE!

    As David Mixner so aptly stated - “Let's call it what it is - Gay Apartheid.”

    The fact that NO DOORS ARE OPEN for qualified, tax paying US citizens to sponsor their Permanent Partners, in the same manner as opposite sex couples do - is just BLATANT DISCRIMINATION and INHUMANE!

    Land of the free? Leader of Democracy and Civil Rights (not so much, lately and forget the poor huddled masses stuff)-

    Currently at least 25 countries, and most English-speaking countries, aside from the US, provide immigration equality to their citizens. In 1989, countries around the world began offering same-sex couples the chance to immigrate their foreign-born partners. Greenland will become the 25th country in June 2009 when it becomes an autonomous nation within the Kingdom of Denmark behind Andorra (year needed); Croatia (year needed); Denmark (1989); Norway (1993); Sweden (1994); Australia (1995); Iceland (1996); Belgium (1997); United Kingdom (1997); France (1999); New Zealand (1999); South Africa (1999); Israel (2000); Portugal (2001); The Netherlands (2001); Germany (2001); Finland (2001); Switzerland (2003); Brazil (2003); Canada (2005); and Spain (2005); Czech Republic (2007) Colombia (2009) and Japan (2009). The following four countries need to be verified: Hungary, Luxembourg, Slovenia and Uruguay. All of the previous four countries have some sort of civil unions and same sex couples are granted certain federal rights, it's just unclear if immigration benefits is one of them. (wik)


    It’s been 20 Years since Denmark provided equal rights. TWO DECADES. Germany? Brazil? Czech Republic , COLOMBIA???? WTF???? SERIOUSLY what other group would ever have to go through this!



    Although President Obama has endorsed the UAFA as a Candidate and through a spokesman as recently as March - He has not mentioned it since. Obviously the white House doesn’t give a rats ass - they got their votes.

    This quite simply is another form of - dehumanization , separation and yes - Gay Apartheid.

    What makes this even more remarkable is that hundreds of Newspapers stories about UAFA, Hundreds of endorsements by various groups, Hundreds of personal stories via the media and web, great Pieces by Journalist who are bi-national like- http://www.salon.com/opinion/greenwald/2009/03/... Great advocates like Leahy, Honda, Abercrombie, Nadler, Schumer, Rachel Tiven from Immigrationquality and the great Julian Bond and an incredible array of Bloggers and activist on-line. The UAFA presently has many co-sponsors, as mentioned and more supporters including the White House - SUPPOSEDLY- it has been embedded into the RFA- SOOOoooooo - WHERE IS THE ACTION?????? As the king would say-A little less conversation, a little more action please All this aggravation aint satisfactioning me. This was introduced for the first time nearly 10 years ago!

    This is 100% on Pelosi, Reid and Obama for Continuing to play politics with People’s lives - pushing this Legislation a bit would not have cost much political Capitol at all - WHAT WILL IT TAKE ???


    WHEN WILL YOU LISTEN TO ALL THESE PEOPLE??????

    HOW MANY MORE LIVES WILL BE DESTROYED OR DECIMATED BEFORE ACTION IS TAKEN??

    How many more older family members will die - before they can be reunited?

    How many more children, mothers sons daughter and family memebers will be kept apart by the 'Family immigration system'.

    HOW much longer Can this go on?

    How can this go on?
  • UAFA_NOW · 5 months ago
    Thanks for the info. I was not aware that progressive countries started offering immigration equality as far back as 1989.

    Hopefully John and other gay bloggers will make a big stink about the inclusion of the LGBT community in Comprehensive Immigration Reform. Another boycott perhaps? NO GAY BILLS = NO GAY BILLS.
  • unitednations · 5 months ago
    Your welcome and your point about this being the first nail in DOMA's coffin is true. Although the UAFA was written carefully to avoid issues w / and because of DOMA.

    I wish more of the community at large and to a lesser degree the bloggers (who are generally pretty darned supportive) - would realize just how important this issue is and could be, to the overall cause.

    Speaking of here's yet another heartbreaking story that some missed-

    http://www.metroweekly.com/gauge/?ak=4388

    There IS a short window as you say RIGHT NOW and I would appeal to John and Joe to please continue to pick up UAFA/ RFA stories through the drafting of CIR. Hopefully with a rant or two leading in.

    Now IS crunch time for these bills and our collective voices need to be heard - If your reading this it would only take you a few minutes to sign the petition or better yet the form to your senator/congressman - http://www.immigrationequality.org/template.php...

    also there is an excellent grass roots letter writing weekly campaign @

    http://www.change.org/ideas/2008/view_blog/week...
  • UAFA_NOW · 5 months ago
    Awesome. Not only did our story make it to the AP, but we were also mentioned on a gay blog. Imagine that. Well it's about time. Thanks for the post Mr. Aravosis.
  • psychodrew · 5 months ago
    That article was very difficult for me to read. I am one half of a bi-national couple. I'm leaving on Tuesday to go visit my boyfriend.
  • frizbeesf · 5 months ago
    The Uniting American Families Act (UAFA, H.R. 1024, S. 424) is a U.S. bill to amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships.

    The UAFA was introduced during the 111th Congress, to the United States House of Representatives on February 12, 2009, by New York Congressman Jerrold Nadler (D-NY).

    There are currently 115 cosponsors of this bill in the United States House of Representatives.
    The full text of the UAFA, further expanded to provide rights to the children or step-children of the foreign-born partner, is included as Title II of the Reuniting Families Act (H.R. 2709), an immigration reform bill, introduced in the United States House of Representatives on June 4, 2009, by California Congressman Michael Honda (D-CA).

    The UAFA was introduced in the United States Senate on February 12, 2009, by Vermont Senator Patrick Leahy (D-VT). There are currently 20 cosponsors of this bill in the United States Senate.

    Sadly this bill doesn't have a snowball's chance in hell of getting anywhere near the floor of the House or Senate. So couples like Judy and her Partner and and my partner Eric and I are stuck having to chose between love and country.
  • postdamnit · 5 months ago
    It should be pointed out that we/you are not considered a "family" according to the system. It is that simple.
    Congress could change this but the forces of stagnation will fight it to the bitter end. And our Dear Leader could have a great deal of influence if he were inclined, but then we are all realizing that he isn't.
  • BlueJelloElf · 5 months ago
    If the DOMA challenge succeeds, will binational gay couples married in states that recognize gay marriage have access to the standard immigration process for spouses? Or is that prevented by part of DOMA that is not included in the challenge?
  • UAFA_NOW · 5 months ago
    True. The challenged section of DOMA (section 3) is the part that prevents the federal government from providing federal marriage rights. According to Immigration Equality and Freedom to Marry, the CIS (Citizenship and Immigration Services) have, in the past, cited DOMA Section 3 in denying immigration benefits to same-sex binational couples. In theory, if DOMA section 3 was repealed then immigration benefits SHOULD be granted to married same-sex binational couples as long as the marriage was legal where it was performed.
  • UAFA_NOW · 5 months ago
    The LGBT community should get their shit together and push for the UAFA or its inclusion into comprehensive immigration reform that is being written as we speak. By gaining one (of +1100) federal marriage right, we are essentially dismantling DOMA. If you don't think this is a DOMA issue, just look at the UAFA Senate hearings. All those opposed to the UAFA cited DOMA as their rationale. By passing the UAFA we are essential putting the first nail in DOMA's coffin.
  • Butch1 · 5 months ago
    For "the land of the free" we have a lot of catching up to do. We "freedom lovers" have fallen way behind many other countries in the world regarding equal rights for gays and lesbians. We really need to stop saying "We're no one!!!" until we really are, regarding having equal civil rights on par with our straight brothers and sisters. We pay the same taxes and more in some cases. It's past time we became first-class citizens.
  • unitednations · 5 months ago
    Indeed there is much catching up to do-

    After Canada, which allowed same-sex marriage in 2005, Brazil was the first country in the Americas to fully recognize same-sex unions and to grant all rights guaranteed to an opposite-sex civil union to a same-sex civil union. The primary rationale for allowing foreign citizens to gain Brazilian residency through their Brazilian same-sex partner comes from Brazil’s federal constitution, which establishes that every citizen shall be guaranteed the power to exercise his or her fundamental human rights. Within those fundamental rights are the right to a family and freedom of movement. The Brazilian legal system ensures that all citizens, regardless of gender, are protected from state interference in how they choose to form a family as well as the right to reside and work anywhere in Brazil with their chosen partner, regardless of the nationality or gender of their partner.

    In order to respond to the concerns about the possibility about potential immigration fraud, Brazil’s immigration authority enacted the Administrative Resolution Number 5 in 2003, which establishes the criteria under which Brazilian residency should be provided to foreigners in committed partnerships with either Brazilian citizens or foreign holders of Brazilian temporary visas, without distinction to either partners’ gender. The resolution establishes that for the foreign partner to be granted residency status, the applicant must demonstrate a permanent civil union with his or her partner that has been issued by a Brazilian authority or a corresponding foreign authority, thereby providing proof of the relationship. This can include certificates of marriage or civil union in Brazil or another country, affidavits from friends and family, evidence of a natural or adopted child raised by the couple, or evidence of financial support.

    Such requirements not only succeed prevented immigration fraud but also effectively disproved the dire warnings of critics around the world that extending immigration rights to same-sex couples would somehow result in a surge of fraudulent claims of fake couples falsely claiming to be gay or in committed relationships solely to gain citizenship rights. This has clearly proved to not to have been the case in Brazil, since the criteria for proving the committed nature of same-sex unions is at least stringent as those for opposite-sex union. Given that the proposed U.S. law offers numerous safeguards of its own to prevent immigration fraud, the proposed legislation is just as extremely unlikely result in a rise immigration fraud in the U.S. as it has been in Brazil or in the many other civilized countries that presently extended immigration rights to same-sex-couples.

    Following Brazil’s example, a number of other countries in the hemisphere have recently made major advances in the recognition of same-sex relationships, including immigration rights. In 2008, the new Ecuadorian constitution offered recognition of civil unions without regard to gender, giving gay couples nearly the same rights as legally married heterosexual couples, including immigration rights. Likewise, in January 2009, Colombia’s Supreme Court mandated equal rights for same-sex couples, including in immigration, although it should be noted that in neither Colombia nor Ecuador have these rights included to the right to adopt. Yet given Colombia’s reputation for having one of the religiously conservative societies in the Western Hemisphere, this victory came as a welcome surprise to gay rights advocates and a sign of growing momentum in the recognition of gay relationships around the world. Meanwhile Uruguay and Argentina have also taken a number of steps towards equal rights for same-sex couples, yet these advances have not yet extended those rights to immigration rights.

    At this stage, the United States is falling far behind other countries in the Americas, as well other developed and developing nations in Africa, Europe, the Middle East, and the Pacific that already allow fully recognized same-sex civil unions or marriage. Passing the UAFA and turning it into law will be opportunity for U.S. to join these nations in progressing towards a more just society.

    Ultimately, despite its lofty goals, the main purpose of the UAFA is simple and pragmatic: to prevent American citizens and their foreign national partners from being forcibly separated by immigration laws that do not currently recognize them as being a family. For most Americans, the idea of being afraid of whether the government will forcibly separating them from their loved ones sounds like something out of an apocalyptic science fiction movie. Yet it is a fear that thousands of bi-national same-sex couples must grapple with every day. Passage of the UAFA would help thousands of such couples escape the agony of being forced to choose between their families and their country. Moreover, it would return the U.S. to the forefront again in the global fight for equality and justice.
  • Butch1 · 5 months ago
    "extending immigration rights to same-sex couples would somehow result in a surge of fraudulent claims of fake couples falsely claiming to be gay or in committed relationships solely to gain citizenship rights."
    =====================================
    This is only one of the "false-flags" the government throws out to the people to scare them into voting against what they know to be the right thing to do. It is obvious, also, when the government says it will cost too much, etc. When ever does it cost too much for everyone to have their rights? That is no excuse to deny anyone their rights because it's going to cost too much. This is what happened when gay couples wanted the same benefits as their straight couples. " If we allow gay marriages, we'll have to pay for their spouse's insurance or other benefits as well and that would ruin us." What is ironic is that we already pay into the system supporting straight marriage benefits why are we not allowed to reap the same benefits our taxes pay for their benefits? This has to stop. We demand the same equal rights our straight friends have. No more, no less, and I also mean that on the Federal level as well. It's time they stopped ignoring us pretending we do not exist. Our taxes go into the same government, it's time for our government to start representing us as well.
  • unitednations · 5 months ago
    What a difference a few months and an election make-

    Candidate Obama on same-sex Immigration -

    "I know. I know."

    http://citizenchris.typepad.com/citizenchris/20... (complete with a sympathetic pat on back w/ picture to prove it- wow, what a guy!)

    President Obama on same sex immigration at the big gay Stonewall Party , less than a year later.

    "I haven't read it yet."

    http://www.glaaforum.org/glaa_forum/2009/06/get...

    IS THIS THE TYPE TRASPARENCY YOU WERE SHOOTING FOR?

    (So much for give us your gay money and we'll give you 10 seconds of meaningful face time!)
  • Bi-national couple in Toronto · 5 months ago
    Thank you John again for highlighting this issue in your blog.

    To all the bi-national couples in U.S.:
    We feel your pain!!!!
    It was also very emotional for us to read this AP article and the article in Metro Weekly.

    As the American part of this bi-national couple, I admit that it was very hard to pick up and move to Toronto.

    The immigration process, settling in here little over two years ago, finding new friends and jobs - it all had its own challenges.

    It was not an easy decision and even if we got jobs here right away it feels soooo wrong to have to make this move from ANY American point of view - why should I, an American citizen, law biding, tax-paying, with good friends and family, being treated like this.

    It is institutional homophobia and gay apartheid.

    I can only allow myself to be sad a little everyday, because otherwise this sadness will consume me.

    To all other bi-national couples, if you choose or have the opportunity to move to Canada, you will find a lot of us here in Toronto.

    Thanks again for a great blog and thank everyone for all the thoughtful comments.
  • dongeorge · 5 months ago
    I can't think of many things more emotionally traumatic than the forceful separation of two people who love each other and have formed a family. And to think that it is our US government that does this makes it inhumane. There are three areas where our US government ACTIVELY DISCRIMINATES against gay people (IT IS WRITTEN INTO THE LAWS OF THE LAND): immigration, the military, and marriage.
    Discrimination by your own government is the worst kind of discrimination just as it was when a black person was counted as only 3/5 of a white person or when slavery was enshrined in the Constitution. When the government has laws that discriminate against a group, that tacitly gives permission or cover for others to do so too. Of all the gay causes, immigration probably effects the fewest number of us, but the pain and ruin having to choose between the person you love and your country, is one of the greatest pains of all. Passing the Uniting American Families Act (UAFA) and making partner immigration part of the comprehensive immigration reform should be right up there in our communities goals, along with repealing DADT and DOMA and passing ENDA and Hate Crimes. The US may be the last of the Western Democracies to allow immigration for same sex partners. But we have to make sure we do it and it gets done this year. Call your Senators and Congresspeople and ask them to co-sponsor S 424 and HR 1024, the respective Senate and House versions of UAFA. Also always insist on UAFA being part of any comprehensive immigration reform. This is doable and will be a big victory in getting one of the official government anti gay laws off the books.