Out Of Touch With The Western World
There is currently no provision in U.S. law recognizing gay and lesbian relationships for the purposes of immigration. Since U.S. immigration law is designed to reunite families, and gay and lesbian families aren't considered, there are very few options for those hoping to remain together the in the U.S. Some couples have been able to remain together by using some of the other immigration categories.
Asylum
Persecution based on sexual orientation is recognized as legitimate grounds to apply for asylum. This process can be complicated and may be risky, depending on your current immigration status. Basically, you'll have to present a convincing case that gays and/or lesbians are targetted for persecution in your home country. As far as I know, you do not have to prove that you personally will be the subject of persecution, just that gays and lesbians face that danger in general. You should definitely contact and work with an attorney or advocacy organization if you feel you can proceed on these grounds. There are also some time limits for filing a claim that may apply. Click here for asylum informaiton from the INS website.
Other Visas
Many couples use visitor and student visas to remain together temporarily. My partner actually enrolled in a graduate program at his university so he could have his visa extended. The problem with these methods is that they aren't permanent, but they can help give you more time to make plans. Also, there are possibilities for those in specific industries to come to the United States on a temporary work visa that could lead to permanent resident status. This probably isn't an option for most people, however, as you'll have to be sponsored by a U.S. company and be in a high demand field. Also, if you have money to invest, you may also qualify for a business visa based on your starting a business. Click here for links related to temporary visas.
The Future Of U.S. Immigration Policy
I fully believe that some day the U.S. will recognize same sex couples for the purposes of immigration. It won't come easy or without a great deal of work, but there are really no alternatives to optimism and persistence. It is very important that everyone of conscience make their views known to their elected representatives and help spread the word about this cause. Even more important... donate a small amount of time and money to some of the organizations fighting for gay and lesbian equality. Immigration rights are just one of the many issues we must press our leaders to address, and the organizations doing the work need help. Visit the links page for information on some of these groups.
On Valentines Day in 2000, U.S. House of Representatives Rep. Jerrold Nadler, Democrat of New York, announced the Permanent Partner Immigration Act. The bill was intended to give same sex bi-national couples the same options enjoyed by our heterosexual counterparts. The bill currently has over 100 cosponsors, but unfortunately, it hasn't moved out of committee and it doesn't seem like it will moving ahead anytime soon. As I write this in 2002, there is a Republican in the White House and the House of Representatives is controlled by conservatives as well. I hold no hope that this issue will even merit discussion on the national level while the party of the radical religious right is in power. Perhaps one of the most useful things all of us can do in the next election cycle is donate time and money to the Democratic Party. Remember, the only presidential canditate that has ever publicly supported equal immigration rights for gays and lesbians is Albert Gore in 2000. Even if it's a long shot, why not contact your representatives to let them know you support the Nadler bill. Click here for information about contacting your Congressional representatives.
My Country Tis Of Thee
Like all Americans, I have many opinions about the laws and regulations that affect my life. It is fair to say that I'm angry at the U.S. government for it's unfair policies regarding same sex immigration. However, I feel I should make the distinction between anger over government policy and holding a grudge against my country as a whole. I still believe that the American people are among the most fair minded in the world. Most Americans know very little about this issue, and most with whom I've discussed it immediately appreciate the injustice and the heartache it causes. Gay and lesbian issues are more openly discussed than ever before, so I have to believe that it's just a matter of time before this injustice is corrected. It is every Americans right, if not his or her duty, to attempt to correct unjust government policies.
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