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Immigration Equality San Diego boardmember, Samuel Toba (left), and his partner are just one of the many bi-national, same-sex couples who hope to benefit from the Uniting American Families Act.
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Immigration equality group hails introduction of Uniting American Families Act
Legislation would allow bi-national, same-sex couples to receive equal treatment under immigration laws
Published Thursday, 24-May-2007 in issue 1013
Imagine traveling to Europe, falling in love with the sweetheart of your dreams, deciding to spend the rest of your lives together, and then returning home alone to face the immigration process. If you were straight, you could order a mate on the Internet, and he or she would be allowed to immigrate virtually hassle free. But if you marry someone of the same sex in Britain, for example, where it’s legal, Immigration and Naturalization Services (INS) will not process your request to sponsor your partner’s immigration to the United States. In addition, you could face hefty fines, prosecution and INS deportation if you attempt to bring your partner in illegally.
Immigration equality activists hope this will change with the introduction of the Uniting American Families Act (UAFA). The bill, sponsored by Rep. Jerrold Nadler, D-N.Y., and Sen. Patrick Leahy, D-Vt., will allow citizens and legal residents in same-sex relationships to sponsor their partners for immigration purposes.
“The UAFA will allow same-sex couples to do the same as their straight counterparts and provide relief for countless same-sex, bi-national couples,” said Samuel Toba, Immigration Equality San Diego board member.
Approximately 75 percent of the 1 million green cards or immigrant visas the INS issues are to family members of U.S. citizens or permanent residents. However, same-sex couples are not recognized as “families” under U.S. immigration law, and are therefore unable to sponsor their partners.
A bill similar to UAFA, called the Permanent Partners Immigration Act, has been introduced annually since 2000 in Congress, but continually fails to pass. There are currently 77 co-sponsors of the UAFA in the House of Representatives and three co-sponsors in the Senate.
Thousands of U.S. citizens emigrate with their partners and families to countries with more egalitarian immigration laws, says Human Rights Campaign president Joe Solmonese. About 40,000 bi-national, same-sex couples live in the United States, the 2000 U.S. Census estimates.
One avenue for same-sex couples wishing to immigrate is to obtain employer sponsorship. “I’ve been sponsored by my employer. However, this is certainly not an option for every bi-national employer,” said Toba, who lives with his partner of several years and who immigrated here from Indonesia more than 20 years ago. “I have been very fortunate as I have been able to stay and continue on in my relationship because of my education and employment.”
Toba and his partner are not the only bi-national, same-sex couple who have bypassed current immigration restrictions.
“We have struggled so hard to play by the rules,” said Kelly McGowan, a U.S. citizen who, along with her partner Natalie Fuz, a French citizen who competes internationally for the United States in kickboxing tournaments, is affected by the current immigration policy. “If Natalie were not so talented, we would be out of options and be forced abroad. It’s great that her abilities have helped us remain in the U.S. together, but I know so many talented people who have been forced to leave the country because of these discriminatory laws. It’s such a waste.”
One of the fundamental principles of U.S. immigration law is the notion of family unification, immigration equality activists said.
“The promotion of family unity has long been part of federal immigration policy, and this bill promotes that principle by providing all Americans the opportunity to be with their loved ones,” Leahy said. “Our immigration laws treat gays and lesbians in committed relationships as second-class citizens; this injustice needs to change.”
Immigration Equality San Diego meets the first Monday of every month at the Unitarian Universalist Church to discuss the issues that bi-national couples face and pending legislation. The next meeting is Monday, June 4, at 7:30 p.m. at the Unitarian Universalist Church, located at 4190 Front St. in Mission Hills. For more information, e-mail immigrationequalitysandiego@yahoo.com.
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