March 18, 2008 10:55 AM
As I said in my earlier blog on this subject, Lawful Permanent Residents (people with a green card) and U.S. Citizens can apply for certain very close family members to come into the U.S. with immigrant visas. Permanent residents can apply for spouses, children, and unmarried sons and daughters. A U.S citzen can apply for spouse, children, sons and daughters, parents and brothers. Now each of these relationships has a very strict definition.
For example, your spouse is someone you are legally married to. Domestic partners are not spouses under immigration law. Nor are same sex couples even if they are legally married under the laws of their home country. Even if they are married in the U.S. in a state that recognizes gay marriage. This trick was accomplished when President Clinton signed the Defense of Marriage Act back in the 1990s.
Of course the prejudice against homosexuals did not begin with Clinton. My students are always surprised to learn that until 1990 it was illegal for homosexuals to enter the United States. Every immigrant entering the U.S. was asked if he or she was a homosexual, if you can believe it. The U.S., like Iran, had no native born homosexuals apparently. Homosexual family relations are still not recognized today.
So if you hear someone say that gays have the same rights as straights, just remember that homosexual love still dares not speak its name in the immigration family arena.
Other Immigration 101 blogs
Immigration 101 Overview of the Immigration System
Perhaps even more astounding is immigration will not enter into the 21st C., even the 20th, in that they do not permit people with HIV to enter the U.S,, but I've heard that is to soon change. I suppose that nobody has informed them that the visitor won't pass it to by rest of the people in the plane by breathing the same air.
Not sure, but I think Carecen might apply for funds from the national gay immigration advocacy, called Immigration Rights. I'm sure you know them, but just in case you don't: http://immigrationequality.org/index.php
but I think their strong point is their very compelling stories that Wins might look at.
--mo
By mo March 19, 2008 08:52 PM