Same Sex Couples Denied Immigration Benefits By U.S.

WASHINGTON -- After a brief reprieve, immigration authorities are once again denying applications for immigration benefits for same sex couples following a legal review.

Chris Bentley, a spokesman for the U.S. Citizenship and Services agency, said Wednesday that a review by lawyers from the Department of Homeland Security, it was concluded that a law prohibiting the government from recognizing same sex marriages must be followed, despite the Obama administration's decision to stop defending the constitutionality of the law in court.

The law, the Defense of Marriage Act, defines marriage as being between a man and a woman.

Earlier this week, USCIS announced that applications from foreigners married to a U.S. citizen of the same sex would be held in "abeyance" while the legal review proceeded. Bentley said Tuesday that the temporary hold on application decisions was not a change in policy.

In February, Attorney General Eric Holder announcement that the government would no longer defend the law, which gay rights activists have said is discriminatory.

Bob Deasy, of the American Immigration Lawyers Association, said the latest ruling is a "disappointment."

"The administration has the authority to put these cases on hold" while the fate of the marriage law is decided in court, he said.

Holder's announcement appears to have already had an impact on at least one immigration case.

Earlier this month a New York-based immigration judge decided to postpone a deportation order against an Argentine lesbian married to a U.S. citizen.

Following the ruling to adjourn the case until December, Monica Alcota's lawyer, Noemi Masliah, praised the judge's decision.

"The right thing to do, and this judge did do the right thing, is to adjourn this case and see what happens down the road," Masliah said. "Given that the law is so up in the air ... it's hard to enforce at this point in a negative way."

Wednesday's announcement did not have any immediate impact on Alcota's case.

Comments

[LilyFair]

05:21 PM on 05/29/2011

Brazil just passed a law this month giving gay couples the right to register their unions and granting them the same rights as married couples, but another law from 2007 already allowed gay foreigners to have permanent residence based on long-term relationship with a brazilian citizen. I guess the US is REALLY behind when it comes to HUMAN rights.

[eve mahar]

04:02 AM on 04/02/2011

My girlfriend of 3 years lives in England, I live in the U.S.

In the time we have been together, visiting one another every 6 months or so and suffering from being apart, there have been 3 divorces in my family alone. If she were a man, we'd have no issue with getting married and he would have every right to move to this country to be with me. As things stand, we may be waiting years to have the ability to marry and live together.

And before someone suggests I move to England, it's simply not an option for me right now, I'm in the middle of a degree and I have children that I won't uproot. I hope the day will come when I have the same rights as a heterosexual couple in terms of marriage and immigration rights.

I still believe in this country and its promise that we are all equal. That we are all entitled to the pursuit of happiness. That there is a separation of church and state. That I can be proud to be an American, where at least I know I'm free.

I'm still waiting to see it.

[Ioan Lightoller]

05:29 AM on 04/02/2011

Faved. Why is the GLBT person supposed to uproot their life (in your case you have children you understandably do not wish to uproot) and move to another country to be with the one they love? It is absolutely preposterous when you consider that only GLBT couples have to go through this crap. I see no reason for INS (or whatever it is called these days) to issue a spousal visa to couples, regardless of orientation/gender and allow them into this country to be with their spouse. Just ridiculous, the prejudice in this country.

[Contact1972]

03:09 AM on 04/08/2011

Hang in there Eve. The time when binationals are treated equally is coming.

[legaleagle4]

11:12 PM on 03/31/2011

I work in the immigration system (on the defense side, primarily in asylum cases) and was FURIOUS when I heard about this. Sexual orientation is not yet on the list of asylum grounds, and we're light years behind the rest of the world in that fact. People being persecuted on grounds of sexual orientation try to come here because this country is allegedly less discriminatory toward GLBTQ people ... my answer at this point is FOR NOW!

And incidentally, whomever was whingeing on about marriages only being valid at state levels - do read the Constitution; it's called the Full Faith & Credit Clause. Marriages are among the state acts given FF&C by other states on a daily basis - except, of course, same-sex marriages conducted in Massachusetts, Iowa or other states which permit them. Sigh.

[Ioan Lightoller]

05:31 AM on 04/02/2011

Fanned and faved. I notice that it is ONLY same-sex marriage treated in this way. Straights, generally speaking, no problem. We need nationwide marriage equality to provide federal benefits/protections to same-sex couples and we need to revamp the draconian immigration laws to allow loving couples to be together.

[Contact1972]

03:10 AM on 04/08/2011

Very well said! F&F

[Cold in Michigan]

09:20 PM on 03/31/2011

Promise not to join a union or want a pension. Today that may be enough.

[Ioan Lightoller]

01:10 PM on 04/06/2011

Uh, and what does this have to do with marriage equality and immigration?

[Contact1972]

03:11 AM on 04/08/2011

Your point?

[ZeldonGilroy]

08:42 PM on 03/31/2011

All I want is the right to get a civil marriage license and have a justice of the peace execute it. I have no interest in a non-civil marriage, conducted by the representative of some deity that has no legal standing, anyway.

[Ioan Lightoller]

05:31 AM on 04/02/2011

Thank you!

[Contact1972]

03:12 AM on 04/08/2011

Thank you! All we want is a civil marriage and yet the wackadoodles keep bringing religion into it. Should hold no weight when it comes to the rule of law.

[ZeldonGilroy]

08:16 PM on 03/31/2011

Even heteros only have a right to a civil marriage license and to have the civil marriage contract executed by a judge or a justice of the peace.

A civil marriage is the only legally recognized marriage. Anyone who wants their marriage blessed by a deity, has to find a representative of that deity who will agree to marry them.

When the representative of their deity marries them, it is only a legally recognized civil marriage if they have gotten a civil marriage license from the government, and their deity's representative has been authorized by the government to execute the civil marriage contract.

Every couple should have a right to a civil marriage license and a judge or justice of the peace to execute the civil marriage contract.

No couple has the right to force the representative of any deity to marry them. In fact, many religious institutions refuse to marry some opposite sex couple, have the right to refuse, and the government has no right to force any religious institution to execute a marriage contract or to perform a civil or deity-sanctioned marriage ceremony.

The government only licenses religious institutions to execute civil marriage contracts as a convenience so that couples don't have to be married by their deity's representative and be married by a judge in two separate ceremonies.

If religious institutions are concerned, they should lobby the government to stop licensing the representatives of deities to execute civil marriage contracts.

[WheelsOnFire]

11:18 AM on 04/02/2011

Well said, ZeldonGilroy.

Fanned & Faved!

[Chemicalogic]

04:53 PM on 03/31/2011

Can't get married in the states? Come to Canada! The majority of us have no problem with homosexuals.

[Ioan Lightoller]

05:18 PM on 03/31/2011

I hope to emigrate with my husband in a couple of years. I wish they would extend the GLBT refugee thing to US couples but we will have to wait til that happens and save up money.

[cowb222]

06:47 PM on 03/31/2011

It takes a long time for Canada to process the residency permit :(

[WheelsOnFire]

11:20 AM on 04/02/2011

Canada is the true democracy -- the land of freedom and equality for all -- that the USA could have become.

Funny thing -- that was the intention of our founding fathers.. Too bad we could not live up to their vision for this nation.

[SteveDenver]

10:47 AM on 03/31/2011

It's always fascinating to read people defending "traditional marriage," because they are also defending contemporary divorce.

If Newt Gingrich can have 3 wives, and Donald "No gay marriage" Trump can have 3, why can't I have ONE husband?

[Bill J4321]

12:07 PM on 03/31/2011

You can. And you will. But know that you already have the right to marry the person you love.

It is simply being withheld from you by force by your fellow citizens and your government.

Rights are not given or granted or earned. They belong to the individual by virtue of birth, and do not belong to any specific group of citizens.

LGBT citizens already have a stake in these rights. We always have. It did not just recently become wrong to withhold these rights, it has ALWAYS been wrong & unconstitutional to do so.

We will get there, Steve.

The Constitution will allow nothing else.

[candcje]

06:42 PM on 03/31/2011

Well said.

And just so you know, the legal implementation of those withheld rights are NOT being withheld by this str@ight citizen, nor by the majority of the str@ight citizens that I am personally friends with.

Your legal rights will be yours sooner than many people think. Because most of us recognize that A) it's your right to marry the one you love, just as much as it is my right to marry the one I love. And B) how does your legally committing yourself to a same-gender person actually affect any aspect of my life? I mean, really? So you get better tax deductions. You can make medical decisions for each other. You can be on each other's insurance, etc. etc. None of that affects ANYONE on a personal level other than the two involved, so why is it anyone's business or concern whom you choose to devote yourself to?

Hang in, Bill & Steve (above), your time will come and it will be both loud and proud when it does!

[inARCTICulate]

10:36 PM on 03/31/2011

If thats your pic, CALL!

[UncleJimbo]

06:20 AM on 04/01/2011

If that's Yours ------ He Won't!.........Ha! jk.

[Alexodia]

10:33 AM on 03/31/2011

Justice delayed for just a single second is equal to Justice denied.

[Ioan Lightoller]

05:48 AM on 04/02/2011

Fanned and faved! Absolutely right.

[jeana21]

10:32 AM on 03/31/2011

Off topic but did anyone think that pic was from snl or some gay marriage spoof?

[Ioan Lightoller]

05:48 AM on 04/02/2011

No, why would I? The young ladies look lovely.

[jeana21]

11:00 AM on 04/02/2011

Please tell me you're being sarcastic...

[SteveDenver]

10:31 AM on 03/31/2011

My friend Lisa, a physician from Colorado, married Tessa, an esteemed documentary film maker from England, in Iowa. Even though Tessa has worked in the U.S. and lectured throughout the world, they couldn't get an extended visa because immigration matters are federal and their Iowa marriage is only at the state level.

VOILA! Great Britain recognized their marriage, extended partner travel courtesies to Lisa and helped her find employment in her professional field!

[candcje]

06:46 PM on 03/31/2011

And this is exactly why the marriage issue MUST be resolved on the federal level and not left to the states individually.

Great Britain is an awesome place and their level of tolerance, understanding and lack of prudishness is something that Americans really ought to learn from.

(Before I get any flack from anyone, I am a US citizen, born and raised in SoCal, but I lived in England for a year and was dumbfounded by how myopic my own countrymen are. You can't see it till you get out of our country and see how small and inter-connected the rest of the world is. But we are an incredibly myopic people with no sense of global community and very little sense of what it means to actually be tolerant of one another. GB is not perfect by any means, but they are far more advanced than we in many ways.)

[ZeldonGilroy]

08:22 PM on 03/31/2011

Unfortunately, in the UK, same-sex couples can only get a civil-union. It is claimed that the civil union is identical to a civil marriage, but it isn't equal in what it is called and it doesn't actually grant identical legal status.

I will grant that the UK is far ahead of knuckle-dragging Americans, but the UK doesn't actually grant the right to marry to same-sex couples.

[Ioan Lightoller]

05:35 AM on 04/02/2011

So sad that other countries can show the empathy and kindness that are so lacking in a supposedly "Christian" country. There is simply no excuse for this except bigotry along with a good dose of mean-spiritedness. It is not that hard a call to make--this is why we need to get DOMA struck down and marriage enacted on a NATIONWIDE basis. Nothing less will do.

[Wellswells]

10:13 AM on 03/31/2011

Same sex couples should really have the same rights has heterosexual couples. I don't believe that same sex couples should be considered "married" but should be considered something else. Marriage is between a man and a woman but if you are in a same sex "relationship" you really shouldn't be denied the same immigration rights as heterosexual couples. I think the issue is the use of the term "marriage" for most people....... Tradition should count for something and marriage is between a man and a woman but same sex couples should not be denied the same legal rights.

[SteveDenver]

10:36 AM on 03/31/2011

Tradition should count for something. I think biblical standards of marriage should also be honored. A man should be able to have as many wives as he can afford. If a man's brother dies, he should have to marry his brother's wife. If a man is unhappy with his wife, he should be able to "put her away" at will.

Lastly, Jesus spoke against marriage as an impediment to full devotion in service to god, but said some are weak and must marry.

[Wellswells]

10:50 AM on 03/31/2011

I know nothing about religion so your comment has gone over my head. My comment has nothing to do with religion at all. I don't believe in god or religion. I actually consider your comment offensive. I would imagine many people who don't believe in religion share my view. We, as a world wide society, should not destroy all sense of tradition. You must be very young and not remember when the world was decent and respectful.

[Wellswells]

11:01 AM on 03/31/2011

Actually. Why would same sex couples want to be "married", be part of something which doesn't even support or believe what they are? I would imagine the main point of same sex couples would to have the same legal rights as heterosexual couples. Nothing in my statement said otherwise. Why would two lesbians want to be "married" by a religion that believes they are sinners? If you deny tradition in all forms then society is no longer. Tradition goes beyond your narrow life of homosexuality. Tradition is life and important. Once tradition is removed from society then we have nothing. Life and society didn't begin in the 1980s How about the manual fabrication of textiles? Should we say forget that tradition and leave it to the machines? Are machines better than humans? The youth of today really, really bother me with their ignorance. Didn't their parents teach them better?

[Bill J4321]

12:09 PM on 03/31/2011

"Same sex couples should really have the same rights has heterosexual couples."

LGBT citizens already DO have the same rights as heterosexuals.

Heterosexuals are just using force to deny those rights.

[AdamWest1313]

02:08 PM on 03/31/2011

Then how do they have the same rights if they are being denied? =P They SHOULD have the same rights under the Cosntitution is what I think you mean.

[KennebunkportIndependent]

09:34 AM on 03/31/2011

This is good.  The sooner this issue comes to a head, the sooner it will be resolved.  Band aids will not heal this wound.

[CJI Manufacturing]

06:13 AM on 03/31/2011

Gay marriage is not recognized for the same reason polygamy isn't recognized. Consent between partners isn't good enough.

[schnauzergirl]

09:34 AM on 03/31/2011

good enough for what? These individuals are recognized as legally married either their home state or country of origin. Do we invalidate the marriage of a heterosexual couple who marries in a foreign coyuntry? No they show their marriage license from that country and it is accepted here.

[CJI Manufacturing]

09:44 AM on 03/31/2011

A CCW permit (permit to carry a concealed firearm) issued by, for example, PA, is not valid in NY. Likewise, it certainly is not valid in another country where gun laws are different.

Same thing with medical marijuana. A Medical marijuana card from california is not valid in new york, where possession of the substance is illegal with or without the card. Likewise, other countries do not recognize it.

France accepts drivers licenses from certain US states as valid. DLs from certain US states are not.

No country/state has to recognize anything that works outside of its legal framework. The US will not recognize all 5 of your wives if you come here from Senegal where that is legal.

[Doug Watt]

09:56 AM on 03/31/2011

You poor thing, can't stop thinking about us having sex, can you?

[dbrmn1]

10:33 AM on 03/31/2011

Dogs having sex isn't particularly appealing...

[SteveDenver]

10:38 AM on 03/31/2011

Most homophobes are OBSESSED with gay sex.

[jtm325]

04:31 AM on 03/31/2011

well, it looks like my partner and I still need to stay abroad then.............

[Ioan Lightoller]

05:14 AM on 03/31/2011

Unfortunately, yes, until this country develops a sense of fairness and decency in dealing with its GLBT citizens.

[Susan Shaffer]

05:28 AM on 03/31/2011

come to australia

[Contact1972]

03:22 AM on 04/08/2011

Trust me weve thought about that