Same-Sex Immigration Policy in the United States

May 30, 2013

According to the U.S. Advocacy Organization Immigration Equality there are approximately 36,000 bi-national same-sex couples unable to secure any type of permanent legal residency visas for their foreign partners.

There are over 25,000 children in the US that are also being raised by same-sex couples that are also being deprived of having their two parents live together because of the discrimination of the Law. The Law however does permit a US citizen child to petition for US permanent residency for a relative parent upon turning 21 years of age. Nevertheless, the Law does not provide a solution for the interim of 21 years of childhood.

While today over 12 US States allow same-sex couples to marry, same-sex couples are still ineligible under US Federal Law to apply for a spousal Green card as granted to straight married couples- Immigration Law is defined as Federal Law.

The proposal has been that "The United American Family Act" would amend the Immigration Nationality Act of 1952 and this would eliminate all discrimination and establish immigration equality by permitting permanent partners of US citizens to obtain permanent status.

Recently the Judiciary Chairman withdrew two amendments to the comprehensive immigration reform bill that would have supported rights for same-sex couples. The amendments would have recognized the marriages of same-sex bi-national couples for the purpose of U.S. immigration law, thus providing an exception to the Defense of Marriage Act (DOMA) which defines "marriage as a union between a man and a woman".

Many countries today have updated their immigration laws and do not discriminate any type of sexual orientation but solely seek a genuine legitimate relationship either by demonstrating proof of cohabitation for over two years or a marriage certificate or civil partnership certificate from a country that was permitted to marry them. We look to the Laws of the United Kingdom, Canada and Australia that will accept same sex couples within the definition of a spousal immigration.

At D.Sklar Law offices we have dealt with many interesting same sex couple visas and found solutions every time.

Please do not hesitate to contact us for any further information at D. Sklar Immigration Law Offices on office@drsi-law.com .
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