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Issues Surrounding LGBT Immigration To The USA
Author : Ben Hart
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The following article looks at recent Court decisions that may have a significant impact upon the United States Immigration process for same sex couples.
The body of legal information that makes up United States Immigration jurisprudence is vast and complex. As United States Immigration law is codified it can be difficult for laymen to wade through the myriad rules and regulations that relate to visa issuance and admissibility. One area where American law is, currently, quite clear is family based immigration. Pursuant to relevant sections of the so-called Defense of Marriage Act (DOMA) it is, at the time of this writing, not possible for the same sex fiance, spouse, or partner of a United States Citizen or Lawful Permanent Resident to obtain US Immigration benefits based solely upon a same sex relationship. This still holds true even if the marriage, or prospective marriage, may be acknowledged or solemnized by one of the 50 US States.
Pursuant to the provisions of the Defense of Marriage Act (DOMA) the United States Federal government does not acknowledge LGBT marriages as a basis to petition for a marriage visa such as a CR-1 or IR-1 visa. Furthermore, the Defense of Marriage Act forestalls use of a K1 fiance visa by same sex partners wishing to solemnize a marriage in a US State which allows same sex civil union or marriage.
In recent weeks, two significant Court rulings have questioned the Defense of Marriage Act's Constitutionality. One recent case in California took up the issue of same sex marriage, but more in the context of State law. Meanwhile, a recently handed down decision by a Federal Court in Massachusetts might eventually lead to the repeal of the Defense of Marriage Act.
Over the past several months some policy shifts have provided American LGBT couples with new rights and privileges; although, many of these privileges are only granted to those in unique circumstances. For example, the State Department announced that same sex partners of American Diplomats, Consular Officers, and Foreign Service Officers may be accorded the same privileges as their different sex counterparts in the form of travel documents and living arrangements. However, this policy may create the rather odd situation in which the Officer adjudicating a visa application for the same sex partner of an American overseas is required to deny the application even though similar benefits are accorded to the adjudicating officer's same-sex spouse or partner residing in the Mission's host country.
Same sex family immigration issues have yet to be fully delineated in the USA. Until they are, those interested in seeing Equal Immigration rights should keep abreast of immigration news and support those legislative initiatives such as the Uniting American Families Act (UAFA) which are designed to make the US Immigration process more equitable for LGBT couples.
Author's Resource Box
Benjamin W. Hart is an attorney from the United States. He currently acts as the International Director of White & Hart Ltd. as well as the Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact Details: 1-877-231-7533 (US Toll Free), +66 (0)2-266-3698 (Thailand), +44 203-002-3837 (UK), or info@integrity-legal.com. See them on the web at: K1 visa or LGBT Immigration .
Article Source:
Articlebliss
Tags: K1 visa, US Marriage Visa, Same Sex Visa, Gay Marriage Visa, Gay Fiance Visa, Same Sex K1 Visa
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Submitted : 2010-09-01 Word Count : 1 Popularity: 148 Times Viewed: 7
