> Similarly on "The Drew Carey Show", Drew Carey married Mr. Wick (Craig 
> Ferguson) so Wick could stay in the country.
> 
> Does Immigration really recognize same-sex marriages?

I'm not complaining, but we really gotta designate a specific day on the 
list for "Ask a Gay Man."

http://www.immigrationequality.org/template.php?pageid=154
Unfortunately, neither marriage in Massachusetts, California, or 
Connecticut nor a civil union in any state will provide immigration 
rights to same-sex couples in the short term. In the United States, 
immigration law is governed entirely by federal law, and in 1996 the 
federal government passed a law called the Defense of Marriage Act 
(DOMA) which defines marriage as only between a man and a woman. Thus 
marriages between same sex partners, whether they take place in 
Massachusetts, California, Connecticut or Canada, or other countries 
which allow for such marriages will not provide any immigration benefits 
in the U.S.

The U.S. Citizenship and Immigration Services have made it very clear 
that they will not recognize any same sex marriages. If you apply for a 
visa for your partner based on a same sex marriage, it will be denied. 
If your partner is not in lawful status, he could be placed in removal 
(deportation) proceedings.

Is Immigration Equality planning to challenge this in Court?

We are very excited by equal marriage rights in Massachusetts, 
California, and Connecticut and advances in other states, and very 
hopeful that in the long run they will lead to DOMA being overturned. We 
do feel very strongly, however, that people should not try to challenge 
DOMA in the immigration context. The Supreme Court has held many, many 
times that Congress has the power to regulate immigration however it 
sees fit, and we believe that a challenge to DOMA in an immigration case 
would most likely be unsuccessful and could actually strengthen DOMA.

Okay, so I know I can't apply for a green card for my partner, if I 
don't file anything with Immigration, is there any other risk to my 
foreign partner if we decide to marry or register as partners?

It depends on your partner's immigration status. Very small factual 
differences can make very big differences in the outcome of immigration 
cases, so any non-citizen planning to marry should consult an 
immigration attorney before doing so. Many non-immigrant (temporary) 
visa statuses require the foreign national to prove to U.S. Immigration 
that the foreign national's intent is not to remain in the U.S. 
permanently. If your marriage becomes known to Immigration, this 
evidence of a reason to want to stay permanently in the U.S. could be a 
ground to deny your partner a visa in the future.

So these state-by-state advances aren't really such great news after all?

Equal marriage rights in three states and partnership recognition in 
others mark tremendous steps forward in the struggle for equal rights 
for LGBT individuals in the United States. Just a short time ago, it was 
still lawful to criminalize consensual acts of sex between people of the 
same sex in the U.S. Now, at least in Massachusetts, California, and 
Connecticut, same sex couples are having their relationships given the 
full recognition of marriage on the state level. This is a historic time 
the movement for LGBT rights.

Is there any reason to keep working for the passage of the Uniting 
American Families Act "UAFA" rather than just fighting for full marriage 
rights?

Absolutely. There is no need to choose between advocating for passage of 
the UAFA and advocating for marriage rights. At Immigration Equality, 
our goal is full equality under the immigration law for LGBT and 
HIV-positive individuals. This equality can be achieved either by the 
recognition of same sex marriages by the federal government or by the 
passage of the UAFA. There are currently 19 countries which recognize 
immigration rights for same sex partners, but only five countries which 
grant full marriage rights -- there is significant international 
precedent for immigration equality for gay and lesbian couples, even 
without marriage.  UAFA may gain approval in the U.S. before full 
marriage rights do.


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