The Out4Immigration Blog

Out4Immigration Launches United by Love, Divided by Law

2012-02-13T11:08:00.000-08:00

PRESS ADVISORY:
FOR IMMEDIATE RELEASE
FEBRUARY 13, 2012

 Out4Immigration Launches United by Love, Divided by Law
Visual Protest Campaign to Raise Awareness about Same-Sex Binationals

Media Contacts:

Amos Lim, Out4Immigration, 415-742-1626, amos@out4immigration.org

Gina Caprio, Out4Immigration, 916-533-3618, gina@out4immigration.org

San Francisco, CA—February 13, 2012—Valentine’s Day is meant for couples to celebrate being together but that is impossible for Gina Caprio, who will spend the day separated from the love of her life by 5,000 miles, DOMA and discriminatory U.S. immigration laws.  

Caprio, a U.S. citizen living in Sacramento, counts herself as half of one of the more than 36,000 same-sex binational couples who are denied the right to sponsor their foreign partner for a green card. This is a right that is accessible only to opposite-sex couples.

In spite of recent court rulings and state legislature wins for marriage equality in some states, the Defense of Marriage Act (DOMA) remains on the books federally and defines a marriage as only that between a man and a woman. DOMA’s language extends itself into U.S. immigration law, which defines marriage the same way.

“It’s a lose-lose situation,” says Caprio, who has been with her partner, a British citizen, for 5 years. “We’ve spent most of that time apart.”

Out4Immigration, an all-volunteer grassroots group made up of same-sex binationals like Caprio who are separated from spouses, forced to live in exile, live their lives from visa to visa or risk deportation due to lack of any other option, is launching a visual protest called “United by Love, Divided by Law” just in time for Valentine’s Day.

“This project asks same-sex binational couples to submit a photo or a short video to show the world how loving couples, those who are legally married, in a civil union or a domestic partnership and are committed in every way possible, are denied the right to stay together in the United States,” says Amos Lim, a co-founder of Out4Immigration and the organization’s community outreach director.

“We know that one of the best ways to raise awareness is by telling people our stories,” says Lim. “Our members have been writing their stories for years. Now we are taking it up a notch using visuals. Pictures and videos have a better chance of going viral online and we want everyone to see what it looks like when you are torn apart from your spouse or forced to leave your country because its laws are so discriminatory.”

The United by Love, Divided by Law visual protest is accepting photo and video submissions through a Tumblr blog at http://unitedbylovedividedbylaw.tumblr.com/. Submissions should use the hashtag #UnitedbyLoveDividedbyLaw. An easy-to-download sign that says “United by Love, Divided by Law” is accessible on the Tumblr site and should be a part of each visual presentation.

“It’s important to use the sign in your visual,” says Caprio. “We want the message of this protest to be consistent. As same-sex binational couples we truly are united by love, divided by law.”

View a sample of the visual protest using the United by Love, Divided by Law sign: http://bit.ly/ginao4i

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For more information:

United by Love, Divided by Law

Out4Immigration

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Out4Immigration is a national grassroots organization dedicated to raising awareness about the discrimination same-sex binational couples face under current US immigration law and the difficulties they encounter in keeping their families together legally in this country. For more information, visit www.out4immigration.org.

Legal Action for Repeal of DOMA Based on Immigration Benefits Not Advised by Out4Immigration

2012-01-04T06:52:00.000-08:00

Out4Immigration urges caution on any legal action for the repeal of DOMA based on immigration benefits. For some time now, we have been told by civil rights attorneys that suing the federal government based on immigration benefits is not the right strategy. With the recent announcements by the Obama Administration that DOMA is unconstitutional, we have consulted again with a few civil rights attorneys who have been working closely on this issue and they have continued to urge caution about filing lawsuits against DOMA in this manner. We have had recent successes in the immigration courts but filing a federal lawsuit might instead jeopardize the advancements that have been made.

Out4Immigration has actually been approached to join in the lawsuit by the same organization that is asking many of you to join as individuals. We have decided not to join the lawsuit because of the following reasons:

1) We do not have the resources or capability as an all-volunteer organization.

2) We trust the legal opinions of our civil rights attorneys who have been working with us for the past few years and provided important guidance.

For those who still want to join this lawsuit, we ask that you seek your own legal advice and make sure you understand the risks involved before proceeding.

Home for the Holidays

2011-12-20T07:35:00.000-08:00

Out4Immigration is pleased to partner again with the amazing activists at GetEQUAL and Stop the Deportations to bring the world the story of Jesse & Max, a same-sex binational couple living in exile. Like thousands of other couples, Jesse & Max have been forced out of the United States because the federal government will not recognize them as a loving and committed couple. Jesse is an American citizen. Doesn't he deserve the same rights as an American man who marries a woman from another country? Or an American woman who marries a man from another country?

We're sure you think so, too! Visit GetEQUAL's webpage devoted to this story, where you can quickly download this video for sharing on your social networks.

You can also sign this petition to Janet Napolitano of the Department of Homeland Security. She has the power to issue humanitarian parole to the foreign partners of American citizens, so that these couples can come home for the holidays.

We hope in 2012 we see an end to the stories of exile, separation and uncertainty. The one way we know we have achieved all that did transpire in 2011 was because of the stories so many of us continue to tell. Over the holidays, be sure to share yours. There's a great new site devoted to helping you explain what a binational couple is and why we are denied the right to keep our families together in the United States. It's called GayItForward.

'Tis the Season to Make a Donation to Out4Immigration

2011-12-20T07:21:00.000-08:00

We know the holidays can be difficult for many binational couples – forced to live in exile away from family members, separated from one another for months at a time, uncertainty about the future.

2011 will be remembered as a rollercoaster year for same-sex couples in binational relationships. With President Obama’s declaration and decision back in February that federal courts stop defending DOMA, tens of thousands of same-sex binational couples believed relief was finally in sight after many years of discriminatory immigration laws. Additionally, a number of recent court decisions have stayed or dropped deportation proceedings of gay and lesbian immigrants legally married to Americans.

We were further encouraged when the Immigration and Customs Enforcement (ICE) agency issued a statement in June granting agents guidelines for prioritizing deportations. The Morton Memo, as the statement was called, made partners in binational relationships a low priority.

However, additional ICE guidelines issued in November fail to specifically mention gay and lesbian binational couples, and while Secretary of State Hillary Clinton made an impassioned plea to the international community this month to recognize the full human rights of LGBT people worldwide, same-sex binational couples are still separated, unable to sponsor their partners and forced to make choices between their families and their country.

Why Donate to Out4Immigration?

We are an all-volunteer, grassroots organization – and we rely on your kind donations throughout the year to help us stand with our allies GetEQUAL and Stop the Deportations at rallies for couples like for couples like Henry & Josh and Alex & Doug. We march in parades, attend conferences and speak at community events. Every time we make contact with someone, we share our printed materials like our stickers and fact sheets to let people know who we are, the challenges we are facing and what needs to change so that all loving and committed couples have the same rights and opportunities to live their lives together.

Out4Immigration Goes to Washington, Headlines LGBT Immigration Panel in San Francisco

2011-12-07T09:10:00.000-08:00

Out4Immigration is an all-volunteer, grassroots group made up of people in same-sex binational relationships and our supporters. We typically raise a small amount of money each year to cover the costs of sending volunteers like Gina Caprio to Washington DC for the PFLAG National Conference last month.

Gina took part in a panel discussion at the conference that also included author Judy Rickard ("Torn Apart: United by Love, Divided by Law") and Immigration Equality. The panel took the opportunity to educate PFLAG members about same-sex binational couples. Once again, we were reminded that even LGBT people and our strongest allies often do not know the difficulties faced by LGBT Americans with foreign partners.

Gina spent 2 days at the conference and did a great deal of outreach work from our information table. She had many conversations with people who wanted to know more about same-sex binationals and how they could help. One conversation in particular stuck out - Betty DeGeneres - Ellen's mom - introduced herself and spoke with Gina for several minutes.

Yes - we know Portia has her green card - but will Betty remind Ellen that getting a green card is not that simple for most foreign partners of gay and lesbian Americans? We hope so!

While in DC, Gina also attended an official briefing with Congressman Mike Honda (D-CA-15), sponsor of the Reuniting Families Act. Read all about that experience in Gina's Examiner.com column.

This Monday night, Erik Schnabel, another Out4Immigration volunteer, organized a panel discussion on LGBT immigration and the faith community in San Francisco. The panel included Erik, Chris Barnett (also an Out4Immigration volunteer), Blanca Hernandez (a DREAM Activist), Father Richard Smith of the Episcopal Church of St. John the Evangelist and Rachel Tiven, Executive Director of Immigration Equality. Kathy Drasky, another long-time Out4Immigration volunteer stepped up to moderate.

Erik and Chris shared their stories as the respective halves in same-sex binational relationships. The crowd was genuinely moved to hear the struggles these two men have endured over many years to keep their families together. (Erik, Chris and Kathy all shared their stories with their partners earlier this year in the DeVote Campaign's video about same-sex binational couples).

Blanca then talked about life as a DREAM Activist and the number of LGBTQ youth who are leading the movement. Father Richard discussed the role of religious leaders and church members in assisting the undocumented - and the awareness that LGBT people often straddle both groups. His parish, in particular, has a lot of LGBT and immigrant members and obviously, some are LGBT immigrants facing unique challenges. Finally, Rachel Tiven talked about the role a national organization like Immigration Equality plays. Immigration Equality assists LGBT immigrants with asylum cases and has been instrumental in getting faith leaders around the country on board to support the Uniting American Families Act (UAFA). To date, according to Rachel, 1,508 clergy members in the US have signed on as supporters.

Note: UAFA added two new Congressional co-sponsors last week - Rep. Janice Hahn (CA-36) and Rep. Christopher Murphy (CT-5) - bringing totals to 127 in the House and 23 in the Senate.

Find out more about how you can get involved with Out4Immigration as a volunteer by contacting us at info@out4immigration.org. If you would like to make a donation to Out4Immigration to help us cover costs like sending volunteers to national conferences and the printing of materials to distribute at events we speak at, please click here.

Victory for Monica and Cristina! Government Closes Deportation Case

2011-12-06T09:59:00.000-08:00

BREAKING: Immigration & Customs Enforcement Closes Deportation Case Against Argentinean Lesbian, Monica Alcota, Based on Ties to Community Including Marriage to her Spouse, Cristina Ojeda

This is wonderful news. Congratulations to this couple and their attorney Lavi Soloway, founder of Stop the Deportations, for doing exactly that - stopping the deportation of Monica Alcota.

According to Lavi, "This is the first time the government has asked an immigration court to close removal proceedings against the gay or lesbian spouse of an American citizen since the formation of an inter-agency prosecutorial discretion working group began its work on November 17 with the goal of finding and closing all 'low-priority' deportation cases."

This is also the third significant high-profile victory for Lavi and clients this year. Earlier this year Out4Immigration along with Get EQUAL rallied behind the efforts of Stop the Deportation and two other couples - Henry and Josh and Alex and Doug.

Read more about Monica and Cristina's case at Stop the Deportations.

Sign and circulate the Out4Immigration petition for ICE and the Department of Homeland Security to clearly state in their guidelines that married same-sex binational couples be treated as family in the eyes of immigration law. At least three times this year, sympathetic judges have ruled accordingly, as in the case of Monica and Cristina. But an unsympathetic judge could have ruled differently. We need to be specifically and clearly included in standard guidelines so that there is no room for error and a loving, committed couple cruelly torn apart.

Sign the petition here!

Building Bridges: A Discussion about LGBT, Immigrant and Faith Communities

2011-11-30T14:25:00.000-08:00

One of our volunteers, Erik Schnabel, has been working with the immigrant and faith coalition in the Bay Area for the past 2 years on behalf of Out4Immigration. He is co-organizing an event on Monday night, Dec 5th, in San Francisco. The detailed information is as follows:

Monday, December 5th; 6-8:30pm at Episcopal Church of St. John The Evangelist
110 Julian Ave., San Francisco, CA 94103
(Julian Ave is between Mission St. and Valencia; and between 16th St. and 15th.) 1 block from 16th Street BART station
Panelist: Father Richard Smith, Erik Schnabel, Rachel Tiven and an LGBT DREAM Activist (TBC).

The panels will be discussing how we could work with the faith communities that supports LGBT issues to help us fight for LGBT Immigrant Rights.

For those living in the Bay Area, we hope you can make it to the event. You can RSVP and get last minutes updates to the event on facebook. (The event on Facebook is public so you do not have to be a member to view them.)

Congressional Candidate's Partner, Faces Deportation

2011-09-12T15:30:00.000-07:00

Thomas Robert Interviews Mike Williams, a congressional candidate from the State of Connecticut, is in a same-sex binational couple relationship. His partner is from the Netherlands and is facing the possibility of being forced to leave the country because he lost his job.

You can also read about it on thinkprogress.com

Entry Denied: A Documentary about Us

2011-09-11T14:48:00.000-07:00

by Amos Lim

To date, there have been just a handful of projects that tell our stories to the world. Entry Denied, a documentary film by Machu Latorre, currently in post-production is almost ready to join the ranks with Judy Rickard’s book Torn Apart and Sebastian Cordoba’s film Through Thick and Thin.

Machu’s film has been a labor of love and determination. For 10 years she has followed three same-sex binational couples through their various journeys and documented their struggles and glimpses at happiness. As the years go by, their stories unfold to the point that today one couple is currently living in exile in Vancouver, one couple maintains a long distance relationship and one couple has been able to stay in the US.

Machu has primarily self-financed this project, with some support from friends and grants. As she prepares to finish the film and get it ready for submission into a series of high-profile film festivals festival (like Sundance, Telluride Film Fest and various LGBT film fests) she has launched a campaign on kickstarter.com. Can you help Machu finish telling these stories and get the message out to a larger audience? Please make a donation if you can (even if it is $10). You can also help by sharing this link on your Facebook page or other social media. We have always lamented the fact that our stories are not often told by the media. Projects like Entry Denied that have the potential for wide distribution increase the chance of more people learning about the discrimination we face and taking an active role in changing the laws that continue to separate our families.

Machu has provided a synopsis of the documentary on the kickstarter website - http://kck.st/nx98eP - this is also the link where you can contribute to help finance her post-production costs.

On a personal note, I’d like to tell you a little bit about Machu. My husband Mickey and I have known her for 10 years (almost the entire time she has been working on Entry Denied). Machu is from Spain and has also been in a same-sex binational relationship. When our house caught on fire, just 3 weeks before my OPT visa was about to expire, Machu was the first person to rush to our aid and offer us accommodation in her one bedroom apartment. She has been a wonderful friend and is the godmother to our daughter. I have seen the passion and commitment she has devoted to Entry Denied and know that this film will be very important to us all. If you believe as I do that there is no better way to raise awareness about what same-sex binational couples must deal with to stay together in this country than by telling our stories, please help support getting Entry Denied finished and shown to as many people as possible.

Urge Executive and Congressional Support for the Uniting American Families Act--Petition 6

2011-09-06T00:20:00.000-07:00

by Chris Barnett

Out4Immigration (O4I) is an all-volunteer, grassroots organization addressing
the widespread discriminatory impact of US immigration laws on LGBT Americans in
loving and committed relationships with a same-sex partner from another country.
Due to federal laws that continue to define "spouse" as a relationship only
between a man and a woman, and the Defense of Marriage Act (DOMA) which
prohibits the federal government from recognizing our relationships, Americans in
same-sex binational relationships remain unable to keep their families together
in this country by sponsoring their foreign partners for legal residency in the US.

Until DOMA repeal takes place, The Uniting American Families Act (or UAFA, House
Bill 1537 and Senate Bill 821), seeks to amend the Immigration and Nationality
Act by adding the designation "permanent partners" wherever one finds the word
"spouse". This is a temporary fix to discriminatory laws that will give same-sex
binational couples access to the system already in place for heterosexual
couples to sponsor a foreign spouse for legal residency.

We are asking Representatives and Senators to support equal immigration rights
for same-sex binational couples by becoming co-sponsors of the Uniting American
Families Act. We also seek the active support of President Obama and Secretary
Napolitano to secure the bill's passage.

The effort to end this discrimination through UAFA is well over a decade old.
Awareness is growing about this injustice and the many injurious facets of DOMA
and how that legislation impacts this issue. Ultimately, DOMA must be repealed.
Until that day, our fight to achieve immigration equality is being waged on
three fronts: legislatively, with bills like UAFA; judicially, with the
Department of Justice decision to no longer defend DOMA in court as well as
several important rulings this year which have closed cases against foreign
spouses of Americans facing deportation; and administratively, with pressure
being applied to the President, the Department of Homeland Security and the
United States Citizen and Immigration Services (USCIS) to exercise their power
judiciously to stop deporting and separating loving couples.

This petition focuses on a legislative fix for this problem by targeting members
of the House who have been previous co-sponsors of UAFA, as well as President
Obama and Secretary Napolitano. By signing and promoting this petition, you will
help us encourage these individuals to support this bill and raise awareness
that there are many avenues to correct the immigration discrimination faced by
same-sex binational couples. We ask that our government and elected officials
use their powers and influence to fix the problem - now.

We encourage you to take part in this campaign by using any of these options:

(1) The easiest one. By signing this week's petition on this Change.org page,
you will be sending the same letters to our 18 targets, all at once. You can also provide the link
to your friends and family to take action too, as well as promote on Facebook,
Twitter, or other social media sites you may use;

http://tinyurl.com/44aeuqr

(2) Contact each of the elected officials targeted here with your own letter,
your own story; or

(3) Create a booklet telling your story. See http://tinyurl.com/o4i-toolkit1 for
more info on this option.

(4) Look for past petitions on our page at
http://www.change.org/out4immigration/petitions and sign those petitions too.

Additionally, don't hesitate to call our recent co-sponsors and thank them for
their support. Let's hit our target of 1000 signers this week. Please share this
widely, and thank you for taking action!!!

You can visit Out4Immigration at its website, through its Yahoo Group Page, on
Facebook and Twitter, or at its blog. If you know someone in a same-sex
binational relationship, please encourage them to speak up and get involved. The
time for justice is now!

Letter text:

Pass The Uniting American Families Act

Dear Mr. President, Dear Madam Secretary, Dear Representatives,

I am writing to ask that you please sign on as a co-sponsor of the Uniting
American Families Act (UAFA), HR1537 and S821, introduced in the House by Rep.
Jerrold Nadler and in the Senate by Sen. Patrick Leahy. You have been a
co-sponsor of the bill in the past; we need your endorsement again.

As you may be aware, because of DOMA, same-sex binational couples are subjected
to gratuitous cruelty under current US immigration laws and are often forced to
make heartbreaking decisions to maintain their relationships. Some couples go
"off the grid" with an undocumented partner, living in daily fear of the
horrific possibility that their lives can be ripped apart at any moment when the
undocumented partner is discovered and deported. Other couples are forced into
exile, leaving the United States to be with the person they love. Still others
try to maintain a long distance relationship visiting each other once a year, if
they can afford it. Often these American citizens are forced to abandon
careers they have worked a lifetime to build. Many times these citizens leave
behind aging parents and/or young adult children who rely on them and suffer
immensely from their loss. Always, all leave behind communities - and in a
greater sense, a country - that has benefited from their ongoing and active
participation. No matter the scenario, everyone loses.

The federal government is obviously aware of this discrimination. This year US
Customs and Immigration Service (USCIS) issued a memorandum as to how to
proceed with deporting immigrants in same-sex binational relationships in light
of the Administration's decision to no longer support section 3 of DOMA.
Additionally, several immigration rulings this year have shielded the foreign
spouses of an LGBT American facing deportation proceedings and halted that
process. Director John Morton of Immigration and Customs Enforcement issued new
guidelines this summer suggesting that foreign spouses of LGBT Americans should
be treated with prosecutorial discretion when facing deportation. It is time
that America's LGBT citizens are finally granted the same immigration rights and
privileges afforded their heterosexual counterparts.

Multi-pronged approaches are being pursued through executive, judicial, and
legislative fixes for this issue. UAFA seeks to provide LGBT citizens and
permanent residents the right to sponsor their partners for immigration by
legislatively granting one right denied by DOMA. The legislation includes the
same process and penalties as applied in heterosexual sponsorship applications.
Same-sex couples are forced to meet the same burden of proof validating their
relationships as heterosexual couples.

By co-sponsoring UAFA again, you are reaffirming your commitment to equality for
every American, as well as the ideal that no American citizen should be forced
to choose between the country they love and the person they love.

We look forward to seeing your name among the co-sponsors of UAFA once again.
Many people are depending on your support and endorsement of this critically
important issue.

Respectfully,

[Your name]

http://tinyurl.com/44aeuqr

Remembering Our Allies- Eric Quezada, Presente!

2011-08-25T12:18:00.000-07:00

Eric Quezada with his wife, Lorena Melgarejo & daughter, Ixchel - picture taken from his facebook page.

This post is written by Erik Schnabel in honor of Eric Quezada, who is a progressive activist and has supported our issues and our organization for many years.

So often in our movements for equal rights, we forget to recognize and acknowledge our allies. We seem to spend so much time struggling against the people who want to restrict our rights and keep us oppressed, that we forget the people that will stand beside us and fight for our rights. Often it isn’t until it is too late, that we stop to remember the people that stand on the side of justice.

Eric Quezada was one of these allies. He passed away yesterday from a vicious cancer that he had been fighting for 7 years. Eric was a long-time community organizer and general all-around fighter for social justice in San Francisco. The amazing thing is that he had done so much and stayed so incredibly engaged despite the cancer. In the years after being diagnosed with cancer, he managed to get married to another amazing community organizer, have a beautiful daughter, become Executive Director of Dolores Street Community Services (a large multi-issue non-profit organization that works on housing, immigrant rights, HIV issues, and larger community issues), run for San Francisco city supervisor (he came in 2^nd in an amazing grassroots campaign), and finally got elected to the Democrat Central Committee for San Francisco.

He also was the strength and soul of an amazing network of activists working to change national immigration policy. This is where I really got to know Eric.

For the last 2 years, I have been involved, as an organizational representative of Out4Immigration, in the San Francisco Bay Coalition for Comprehensive Immigration Reform. (SFB4CIR). We are grassroots coalition of organizers concerned with the depressing direction of our national immigration policy. We are Latino, Asian, African, Middle Eastern, and European; we are young and old; religious and non-religious; and we are LGBT. We have grown from a group of people who were often concerned with our personal interest in the immigration issue- whether it be DREAM Act students, families split apart by long waits to be together, and LGBT people who want to sponsor our partners for immigration. Together we have grown into a committed group of activists who are truly committed to what it means to be an ally- we support not only comprehensive immigration reform, but we also go to rallies to support our friends who are working of DREAM Act, UAFA, and the impact of S.Comm. Part of the reason we have come together in such a beautiful, caring and supportive way was because of Eric.

I remember coming to the first meeting as a member of Out4Immigration, and being nervous about the response that I would receive for bringing up UAFA and the plight of LGBT immigrants and binational couples. But Eric made sure that we were included in everything, and our issues as LGBT people were always there in what we said or did as a coalition. I truly saw this when they invited me to Washington, DC as part of a national immigrant lobby day. They made clear in their invitation that they wanted me to bring up UAFA and LGBT immigrant issues, and they would support me. We were upset when we arrived in DC to find that the organizing efforts had taken a more conservative tone to try and include the Catholic bishops and evangelical community. The message from some of the organizers became- don’t talk about LGBT issues, we support you but don’t rock the boat. Eric was one of the people that continued to help make sure we were heard.

Eric continued to fight for what was right up until the end. He kept coming to our SFB4CIR meetings as long as he was still well enough to show up. Right before he got too sick, we had even talked about him using his elected position on the Democratic Central Committee to push a resolution of support for UAFA. It would have been a symbolic but important moment to put San Francisco on record as supporting LGBT binational couples, and would hopefully also help to push Sen. Dianne Feinstein to become a co-sponsor of UAFA. But then his condition worsened and his next struggle became about trying to live as long as he could to continue to be present to his family and his community.

Eric passed away yesterday morning from cancer. Last night, many of us gathered in a park close to his house, carrying pots of flowers, and holding candles in his honor. We marched to his house together, a procession to honor this amazing activist. The procession grew to include the many people that had been touched by Eric over the years. We walked to his house, and gently laid the pots of flowers out front, creating a garden of flowers for him to look down on and give comfort to his family, while we placed our candles on an altar to pay our respects to him. It was a fitting way to remember Eric- all these diverse people who had been touched by his presence, and struggled beside him on this quest for justice. All of us seemed to realize that he would not be with us much longer. But we held out hope, knowing that he may be gone but that his spirit will live in each one of us who will continue this struggle for justice.

Eric Quezada, Presente! Long Live the Spirit of Eric Quezada!

DOMA Deportations Could Stop: More Couples Making Headlines

2011-08-22T14:12:00.000-07:00

It has been an incredible summer for same-sex binational couples, with numerous cases, rulings and directives that may signal the beginning of the end of DOMA-based deportations.

Last week, Secretary Janet Napolitano announced that Homeland Security will be implementing changes to its immigration enforcement programs to focus its resources on high-priority immigration cases involving crimes and other public safety concerns, while de-emphasizing the targeting of immigrants who have no criminal convictions and can show family and community ties in America. Additionally, it was announced that there will be a case-by-case review of all current and future deportation cases as recommended by the Morton Memo.

Officials from the Department of Homeland Security also confirmed to Metroweekly that

"The prosecutorial discretion memo provides for the use of discretion for people with strong community ties, with community contributions and with family relationships. We consider LGBT families to be families in this context."

This memo directs the Immigration Service to place a low priority on deportations of undocumented immigrants who have committed no crimes and can demonstrate a strong link to family and community. Same-sex binational couples will benefit from this ruling, as it considers our relationships to be "family". Under the discretion of an immigration judge, on a case-by-case basis, should the spouse or partner of an American citizen find themselves in deportation proceedings, the deportation will most likely be stopped.

That's exactly what happened last week in the case of Alex and Doug, who you read about and supported by signing the petition at Change.org and GetEQUAL.org last month. Initially the judge planned to review their case in 2013. Last week - the judge permanently closed the case! Alex can now stay in California with his husband Doug without the threat of separation or deportation.

At the same time, Sujey Pando & Violeta Pando who were also facing separation by deportation in Denver, Colorado last week, had their hearing halted. The immigration judge Mimi Tsankov instead scheduled a new hearing to consider a marriage-based application for relief from deportation for Sujey called a Application for Cancellation of Removal .

This is the same type of decision that closed the Henry Velandia case on the East Coast at the end of June. Henry can now stay in the US permanently with his husband Josh.

Lavi Soloway from Stop the Deportations Project has been the attorney for Alex & Doug, Henry & Josh as well as Sujey & Pando.

Another case making headlines is that of Anthony Makk and Bradford Wells. This case, however, is different from those above. Anthony has not overstayed a visa and is not in deportation proceedings. His visa runs out on August 25 and he is supposed to return to Australia. Immigration Equality is working on behalf of this couple. Bradford is ill with AIDS and Anthony is his husband and primary caregiver. We are hopeful that with last week's clarification from Secretary Napolitano, Anthony will be able to continue to stay in the US with Bradford.

Sign this petition to help out: http://www.change.org/petitions/stop-the-deportation-of-anthony-john-makk-and-stop-defending-doma

There is a lot going on and it is difficult to keep up with all the news and the changes. Out4immigration understands this and we will try to keep you updated on our Yahoo Groups list, Facebook page and Twitter.

Although these rulings have been favorable for couples facing deportations, we caution couples to seek expert legal advice and not to overstay visas or file spousal or fiancee visa/green card petitions without consultation. You can email us at info@out4immigration.org if you have questions or need a referral.

Video Montage - Stop The Deportations Rally for Doug & Alex

2011-07-18T13:49:00.000-07:00

Sean Chapin has released a song "Sing Me a Lullaby" on iTunes which benefits Out4Immigration. Sean was at the rally in support of Doug & Alex last Wednesday. He has also put together a video montage of the rally and uploaded it on Youtube.com.

For those who didn't make it to the rally, click on the video here to hear snippets of what was said at the rally.

We'd like to thank Sean for helping us record the events for all to see. Thanks also to Dennis Veite of GetEQUAL & Out4Immigration volunteer Erik Schnabel for helping us pull the entire events together!

Immigration Judge Postpones Deportation Proceedings For Two Years, Allowing Married Gay Binational Couple to Remain in U.S.

2011-07-13T11:41:00.000-07:00

FOR IMMEDIATE RELEASE: July 13, 2011

Media contact:

Michael Talon, michael@lunamediagroup.com, 202-631-9830

Amos Lim, Amos@Out4Immigration.org, 415.742.1626

Immigration Judge Postpones Deportation Proceedings For Two Years, Allowing Married Gay Binational Couple to Remain in U.S.

Directs Government Attorneys To Act on Request for Termination of Deportation Proceedings Within Sixty Days

SAN FRANCISCO, CA – This morning in San Francisco, Doug Gentry and Alex Benshimol -- a married same-sex binational couple -- appeared before Immigration Judge Marilyn Teeter for a deportation hearing and were permitted to remain in the country despite the Defense of Marriage Act (DOMA), the law that prohibits the recognition of same-sex marriages by the federal government. This is the latest in a series of recent court rulings that have demonstrated the inequality that DOMA forces same-sex couples to live under.

Specifically, the judge laid out two options. She gave the government 60 days to decide whether it will agree to drop deportation proceedings against Alex -- a Venezuelan citizen -- altogether. If the government elects not to drop proceedings, the same judge will revisit the case again in September 2013, ensuring that Doug and Alex are protected from deportation for at least two more years allowing them to return to building a life together with their family, including Alex's two step-children.

"Today the Immigration Judge demonstrated compassion and understanding for Doug and Alex as a married binational couple, granting them a reprieve from deportation by postponing further proceedings to September 2013," said Lavi Soloway, lawyer for Doug and Alex, and founder of Stop the Deportations. "The Judge also gave the government 60 days to inform the court whether it will agree with our request to terminate these proceedings pursuant to prosecutorial discretion guidelines issued June 17 by Immigration and Customs Enforcement Director John Morton. We will continue to advocate for termination of these proceedings and a moratorium on all deportations of spouses of lesbian and gay Americans."

"Today's hearing was one more step in the march toward full federal equality for LGBT Americans and those they love," said Robin McGehee, executive director of GetEQUAL. "Doug and Alex's courage to stand up for their family and the tens of thousands of other families facing deportation from this country is nothing short of inspirational. We will continue to work on cases like these that highlight the lived discrimination that LGBT folks in this country face, and will not stop until we can rest our heads at night knowing that we are fully equal under the law."

"We are pleased with the progress that this case demonstrates." said Mickey Lim, Vice President of Out4Immigration. "However there are thousands of same-sex binational couples who are still living with uncertainty because of the Defense of Marriage Act and many more that have already been exiled or separated by this unfair discriminatory law. We applaud Doug and Alex's courage to put a face on the issue and will continue to work towards securing equal immigration rights for same sex couples! We look forward to the day when we can welcome all of our friends and families back home!"

Alex came into the U.S. 12 years ago from Venezuela and overstayed a tourist visa, an immigration violation that straight binational couples can easily remedy once married; as a gay married couple, Doug and Alex do not have that option. Many same sex binational couples are legally married like Alex and Doug, but they are still treated as legal strangers in the eyes of the federal government. There is only one reason Doug and Alex faced deportation proceedings at all — the Defense of Marriage Act, a law that the President and the Attorney General have both determined to be indefensible and unconstitutional.

To support the couple and to show widespread public support for their right to remain together, legally, in the United States, many organizations working for full federal equality for lesbian, gay, bisexual, and transgender (LGBT) Americans held a rally outside the courthouse in San Francisco where the hearing is scheduled to take place. Organizations leading the rally efforts include GetEQUAL, Marriage Equality USA, Out4Immigration, and Stop the Deportations.

These organizations launched a petition drive last week to show public support for Doug and Alex, garnering close to 17,000 signatures of individuals who are supportive of assigning all the same rights and responsibilities to same-sex binational couples as to heterosexual binational couples.

Organizations supportive of the couple and the rally include API Equality, API Legal Outreach, Asian Law Caucus. Asian Pacific American Legal Center, Central American Resource Center, Chinese For Affirmative Action, Equality California, Immigration Equality, Love Honor Cherish, National Center For Lesbian Rights, National Immigration Justice Center, San Francisco Immigrant Legal And Education Network, and the San Francisco LGBT Center.

Representatives Mike Honda (D-CA) and Zoe Lofgren (D-CA) have also been actively supportive of the couple, and provided written statements that were read at the rally. Rep. Lofgren's statement included a passionate plea for binational families, including the excerpt below:

"Legally-married couples are being torn apart today in America because our laws unconstitutionally discriminate against same-sex marriages. Each and every day, American spouses are being forced to make unacceptable choices: live their lives separated from one another by thousands of miles, abandon their lives in this country and move someplace else, or break the law and go into hiding. This is a heartbreaking situation all across the United States. I believe the Defense of Marriage Act (DOMA) is unconstitutional and that the government should respect legally-married same-sex couples. I am confident that DOMA one day will not be law. The whole country will look back and understand it was simply discrimination."

Speakers at the rally included Bevan Dufty (Former San Francisco Supervisor), Phil Ting (San Francisco City Assessor/Recorder), Vincent Pan (Chinese for Affirmative Action), Ross Mirkarimi (San Francisco Supervisor), Lavi Soloway (Attorney for Doug & Alex), Heidi Li (API Legal Outreach), Ming Wong (National Center for Lesbian Rights), Ana Perez (CARECEN), Annette Wong (SFILEN), Dusty Araujo (National Immigrant Justice Center), and Judy Rickard (Author, “Torn Apart: United By Love Divided By Law”).

VISIT THE O4I BLOG TO READ ABOUT OUR WORK AND ACTIONS TO END DISCRIMINATION AGAINST SAME-SEX BINATIONAL COUPLES.

Let's Keep the Pressure On: Other Actions You Can Take This Week

Online activism: Sign our weekly petitions at change.org urging Congressional and Executive Support of Equal Immigration Rights for Same-Sex Binational Couples! We got a total of 12 new co-sponsors since the bill, Uniting American Families Act (UAFA) has been introduced on April 14th .

Devote Campaign - Out4Immigration: Did you see the video about Out4Immigration's volunteers that was shot by Devote Campaign recently? Check it out here!

Stay tuned: To our Yahoo! Groups list, Facebook page or follow us on Twitter to keep up with breaking news and urgent actions. It seems something is happening to tear down the barriers same-sex binational couples face every day. Be a part of the change!

*******

JOIN US!
Visit Out4Immigration on the web and join our Yahoo! Groups list to keep up with our daily conversation on equal immigration rights for same-sex binational couples. You can also join us on Facebook or follow us on Twitter. Visit our blog for latest news and actions.

THANKS TO ALL OUR VOLUNTEERS!
Out4Immigration is an all-volunteer, grassroots group. Everything we do comes from people volunteering their personal time - to build coalitions with their communities, to get resolutions and letters in support of UAFA, to speak at conferences and rallies, to staff booths at events, to organize events and march in parades. Thank you all for stepping up. It is your commitment to this cause that will ultimately end discrimination in US immigration law.

Out4Immigration is an all-volunteer, grassroots organization dedicated to raising awareness about the discrimination same-sex binational couples face under current US immigration law and the difficulties they encounter in keeping their families together legally in the United States. For more information, visitOut4Immigration

Founded in 2010, GetEQUAL is a national grassroots organization whose mission is to empower the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community and our allies to take bold action to demand full legal and social equality, and to hold accountable those who stand in the way. For more information, go to www.getequal.org

, www.facebook.com/getequal

, or www.twitter.com/getequal

.

LGBT Organizations Rally for Binational Same-Sex Couple Facing Deportation

2011-07-11T09:58:00.000-07:00

FOR IMMEDIATE RELEASE: July 8, 2011

CONTACT:

Michael Talon, 202.631.9830 or michael@lunamediagroup.com

Erik Schnabel, 415.377.0387 or erikschnabel@hotmail.com

Amos Lim, 415.742.1626 or Amos@Out4Immigration.org

Media Advisory

LGBT Organizations Rally for Binational Same-Sex Couple Facing Deportation

While DOMA Remains Law of the Land, Couples Are Being Torn Apart

SAN FRANCISCO, CA – On July 13 in San Francisco, Doug Gentry and Alex Benshimol, a married California couple who have been together for six years, will face every same-sex binational couple’s worst nightmare: a deportation hearing. Doug, a U.S. citizen, filed a marriage-based "green card" petition for Alex in July 2010. It was denied in March in a one-page letter citing the Defense of Marriage Act (DOMA) as the only reason. The couple re-filed the petition in June, citing changes in the administration position on DOMA that took place in February, and the Attorney General's intervention in a Board of Immigration Appeals case in April involving a gay binational couple facing deportation which was made public on May 5.

Alex came into the U.S. 12 years ago from Venezuela and overstayed a tourist visa, an immigration violation that straight binational couples can easily remedy once married; as a gay married couple, Doug and Alex do not have that option. Many binational couples are legally married like Alex and Doug, but they are still treated as legal strangers in the eyes of the federal government. There is only one reason Doug and Alex are facing deportation proceedings at all. That reason is the Defense of Marriage Act, or DOMA, a law that the President of the United States himself has determined to be indefensible and unconstitutional.

On July 13, Doug and Alex will ask the immigration judge and the Immigration and Customs Enforcement (ICE) attorney prosecuting the case to put these deportation proceedings on hold pending the outcome of efforts to repeal DOMA or a final definitive ruling on DOMA's constitutionality by the federal courts.

To support the couple and to show widespread public support for their right to remain together, legally, in the United States, several organizations working for full federal equality for lesbian, gay, bisexual, and transgender (LGBT) Americans will hold a rally outside the courthouse in San Francisco where the hearing is scheduled to take place. Those organizations include GetEQUAL, Marriage Equality USA, Out4Immigration, and Stop the Deportations

As part of their campaign, Doug and Alex were featured recently in an article by the Associated Press (http://stopthedeportations.blogspot.com/2011/06/associated-press-highlights-doug-and.html). There is also an online petition, directed at President Obama, to save Doug and Alex's marriage: http://bit.ly/dougalex

Details about the rally are below:

WHAT: “Rally for Doug & Alex” (For more details on the rally, see the Facebook event page at https://www.facebook.com/event.php?eid=130583703690415)

WHO: GetEQUAL, Marriage Equality USA, Out4Immigration, Stop the Deportations

WHEN: Wednesday, July 13, 2011 from 7:30am-8:30am (prior to Doug & Alex's hearing)

WHERE: 120 Montgomery Street, San Francisco, CA

Doug and Alex have waged a public campaign to focus attention on the impact of DOMA on binational couples facing the imminent, irreversible harm of deportation. Doug and Alex are fighting to be together and save their marriage. They they are also fighting for their family: Doug's two children from a previous marriage consider Alex to be their stepfather and are heartbroken at the idea that he may be deported to his native country, Venezuela. Clearly, there is no option for Doug and his children to move to Venezuela, where life is not only dangerous for LGBT people but where Doug and his children would be unable to obtain any legal status, since Doug's marriage to Alex is not recognized in that country for immigration purposes. DOMA will tear apart this California family unless we stop this deportation.

###

Founded in 2010, GetEQUAL is a national grassroots organization whose mission is to empower the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community and our allies to take bold action to demand full legal and social equality, and to hold accountable those who stand in the way. For more information, go to www.getequal.org, www.facebook.com/getequal, or www.twitter.com/getequal.

Founded in 1998, Marriage Equality USA is a national grassroots organization whose mission is to secure legally recognized civil marriage equality for all, at the federal and state level, without regard to gender identity or sexual orientation.

Out4Immigration is a volunteer grassroots organization that addresses the widespread discriminatory impact of U.S. immigration laws on the lives of Lesbian, Gay, Bisexual, Transgender and HIV+ people and their families through education, outreach, advocacy and the maintenance of a resource and support network.

Stop the Deportations is a campaign launched in July 2010 by a group of married binational couples working with attorneys Lavi Soloway and Noemi Masliah, founders of Immigration Equality and partners in the law firm Masliah & Soloway. The purpose of the campaign is to raise awareness of the cruel impact of the Defense of Marriage Act on married gay and lesbian binational couples and bring an end to that discrimination.

Update on Out4Immigration’s Petition Campaigns

2011-07-10T11:15:00.000-07:00

by Chris Barnett

Hey Everyone!

You may have noticed that we haven’t run any UAFA petitions in a while, though we have not abandoned that effort. As you are all probably aware, 2011 is turning into a watershed year, where the fate of same-sex binational couples and DOMA are concerned. We still have much work to do, but after so many years when it seemed our allies were far too few and the issue too low-profile to be on anyone’s radar, it is now turning up everywhere from blogs to petitions to network news to court rulings to the White House’s website. There is traction to this issue in a way we have never seen before!

As any on you who follow and sign the petitions know, historically UAFA has been our focus, and for the longest time it was our best (and frankly, only) hope to see justice for ourselves as well as our loved ones. However, we’ve also run a number of petitions addressing other aspects, such as political lack of leadership on the Administration’s part, calling out Senator Feinstein for her waffling when it comes to our families, or the Diversity Lottery fiasco. And most recently we are focusing on Doug Gentry and Alex Benshimol, a legally married California couple, because Alex is facing a deportation hearing this Wednesday morning, July 13^th, in San Francisco.

I am happy to announce that this most recent, with the help of GetEQUAL, Marriage Equality USA, Stop the Deportations, and others, is already well over 4000 signatures! This has never happened with any of our petitions. People are moved by raw injustice, and what Doug and Alex are up against is humanizing the issue in a way that is clear to see. It also helps illustrate how DOMA is injurious in myriad ways, and must end.

As far as UAFA is concerned, back in the day when we were literally calling and faxing it made sense for us to target 4 lawmakers every week. As the profile of our issue increases and social media becomes the strongest way to build support, we’ve come to the conclusion that it makes sense to launch fewer campaigns and take more time in between to build energy around each one—as well as avoid “petition fatigue”. Especially for those who are supportive but not directly affected themselves, we were finding that many people do not realize that each petition addresses a different target or aspect than the one before. Where it comes to UAFA, there will be less petitions, but we will target more representatives per petition. And we will continue to respond with our petitioning efforts to situations like the one Doug and Alex are up against. In writing this, I want to encourage everyone to turn up the heat in whatever way you can. Helping keep the petition effort strong for all of our petitions are open, and all of them can be found here:

http://tinyurl.com/6k95oa7

So thanks to everyone for everything you do. Whether calling, writing, signing and promoting the above petitions, speaking, marching, demonstrating; or simply holding and believing in the vision of a day when we can live where we wish, with the one we love and without fear, each and every action or intention you can bring to righting this wrong helps push us just a little closer to the day when this injustice ends for good. Please recommit to signing and promoting the petitions we have up, and will be introducing as we move forward. Especially this week, when Alex Benshimol has to appear at a deportation hearing in San Francisco, we have an opportunity to stand up for a couple who could be any among us. This is an issue about the health of the wider community, and of democracy. Even if same-sex binational couples are only a small portion of the population, as long as any citizens are subject to the treatment we are, and have been, no one is free. This is changing, I feel certain, but all the more reason to push now, more than ever.

So please, go to http://www.change.org/out4immigration/petitions for all of our petitions, and http://www.change.org/petitions/save-doug-and-alexs-marriage-and-stop-deporting-our-spouses for the current one. Thanks, everyone! Together we are righting what has been wrong for far too many years!

Historic Victory for Josh & Henry and Important July Events

2011-06-30T16:06:00.000-07:00

If you have been following the news, Henry Velandia was facing deportation even though he is married to an American, Josh Vandiver. Earlier this year, Henry's case was put on hold - yesterday, his deportation was suspended! This is an amazing breakthrough for same-sex binational couples, and all those working to repeal DOMA.

In Henry's case, after review, the Newark Immigration Court granted a motion to administratively close deportation proceedings against based on President Obama's instructions to Attorney General Holder earlier this year that Section 3 of DOMA is unconstitutional and should stop being defended in court. You can read more about the historic victory here:

NY Times: US Drops Deportation Proceedings Against Immigrant in Same-Sex Marriage

Stop The Deportations: Government Drops Deportation Case Against Henry Velandia

BACK-TO-BACK EVENTS IN JULY

As Pride Week comes to a close, Out4Immigration, Marriage Equality USA, GetEQUAL and Stop the Deportations Project are busy again prepping for two back-to-back events in July. If you live in the Bay Area, we hope you can come out and join us!

"United by Love, Divided by Law - How DOMA Impacts Same-Sex Binational Couples"

July 12th, 6pm - 7.30pm

San Francisco Public Library, Main Branch (Civic Center BART/MUNI)

100 Larkin St, San Francisco, CA

For the first time ever, Out4Immigration is proud to be organizing an event with the San Francisco Public Library's James Hormel LGBT Center titled "United by Love, Divided by Law - How DOMA Impacts Same-Sex Binational Couples". The event listing can be found on Facebook (you do not have to be a member of Facebook to see the details as it is a public event).

Come out and hear from Attorney Lavi Soloway (Stop The Deportations Project), Attorney Ilona Turner (National Center for Lesbian Rights), Judy Rickard (Author, Torn Apart) and listen to stories from same-sex binational couples as they discuss this very important topic!

Rally In Support of Doug & Alex

July 13th, 7.30am

120 Montgonmery Street

On July 13th, 2011 in San Francisco, Alex Benshimol and Doug Gentry, a married California couple, will face every same-sex binational couple’s worst nightmare: a deportation hearing. As anyone following this issue knows, for years there has been little hope for same-sex binational couples seeking to reside together in the US. Many are legally married like Alex and Doug, but are still treated as legal strangers in the eyes of our own government.

Out4Immigration is co-organizing this event with Marriage Equality USA (MEUSA), Stop The Deportations & GetEQUAL on July 13th, the day after the library event, in support of Doug & Alex as they head into the immigration courts for their deportation hearing.

For more information about Doug & Alex - you can read their story here: http://stopthedeportations.blogspot.com/2011/06/doug-alex-face-doma-deportation-hearing.html

Doug and Alex are also featured in our Change.org petition this week! http://www.change.org/petitions/save-doug-and-alexs-marriage-and-stop-deporting-our-spouses

Complete details and the event listing can be found on Facebook. We hope you can turn out in support of Doug and Alex as they walk into the court house for their deportation hearing!

After the historic victory of Josh and Henry yesterday, we need to keep the pressure up and ensure that no LGBT families will be broken apart because of a discriminatory federal law called DOMA!

VISIT THE O4I BLOG TO READ ABOUT OUR WORK AND ACTIONS TO END DISCRIMINATION AGAINST SAME-SEX BINATIONAL COUPLES.

BREAKING NEWS: Government Drops Deportation Case Against Henry Velandia!

2011-06-30T08:48:00.000-07:00

crossposted from Stopthedeportations.com

PRESS RELEASE- GOVERNMENT DROPS DEPORTATION CASE AGAINST HENRY VELANDIA - JUNE 30

DOMA DEPORTATION VICTORY!

_______________________

US GOV’T DROPS CASE AGAINST HENRY VELANDIA

________________________

FOR THE FIRST TIME, IMMIGRATION & CUSTOMS ENFORCEMENT ADMINISTRATIVELY CLOSES DEPORTATION PROCEEDINGS

AGAINST SPOUSE OF GAY AMERICAN CITIZEN

Statement by Lavi Soloway, attorney for Henry Velandia and Josh Vandiver, and founder of Stop The Deportations – The DOMA Project:

“This historic decision by the government to close deportation proceedings against Henry Velandia allows him to stay in the United States with his American husband, Josh Vandiver, without the fear that they will be torn apart. This unprecedented move will save Josh and Henry’s marriage and end the threat of deportation, while Josh continues to fight for his right to sponsor Henry for a green card based on their marriage and the fate of the Defense of Marriage Act (DOMA) is resolved by Congress or the Supreme Court.

“For the first time the Department of Homeland Security has demonstrated that when it comes to the spouses of lesbian and gay Americans the government does indeed have the discretion necessary to evaluate the merits of each case and, where appropriate, to decline to pursue deportation. Importantly, it is proof that we can bring about positive change by telling our stories and educating the general public, elected officials and executive branch agencies about the cruel impact of DOMA on the daily lives of married binational lesbian and gay couples. This decision will lay the foundation for administrative closure of other other deportation cases involving gay and lesbian couples. Stop The Deportations – DOMA Project campaign will continue to fight for every binational couple facing deportation. Even so, we will also continue to urge the Obama administration to institute an immediate moratorium on all deportations of spouses of lesbian and gay Americans. In the end, we must defeat DOMA so that all married couples are equal under federal law.”

SUMMARY

On June 29 Henry Velandia and Josh Vandiver received the news that the Newark Immigration Court had granted a Motion by the Department of Homeland Security, Immigration and Customs Enforcement Chief Counsel, Jane Minichiello, to admnistratively close deportation proceedings that had been first initiated in 2009.

The decision had been set in motion on June 9 when the ICE Chief Counsel reconsidered a request that had been originally filed by the couple’s lawyer, Lavi Soloway, in advance of a May 6 deportation hearing. In that request, Soloway urged the government to exercise prosecutorial discretion in Mr. Velandia’s case citing on his marriage to an American citizen; the impossibility and danger, as gay binational couple, of relocating to Venezuela; the changing landscape of DOMA including the President’s decision to cease defending the law because he determined that it was unconstitutional; Mr. Velandia’s good moral character; and his strong ties to his Princeton, New Jersey community. Although the government rejected this request at the time, the Immigration Judge postponed the hearing on May 6 until December, giving Mr. Velandia and Mr. Vandiver a 7 month reprieve from deportation.

In a brief telephone call three weeks ago, ICE Chief Counsel notified Mr. Soloway that the government had a change of heart. ICE had decided to grant Soloway’s request for Administrative Closure because “the case was not an enforcement priority at this time.” ICE Chief Counsel notified Immigration Judge Alberto Riefkohl who granted the government’s Motion to Administratively Close proceedings on June 13. The decision was received on June 29.

What does this mean?
For the first time ever, ICE has decided that it would no longer pursue the deportation of a spouse of a gay American citizen. It has done so in the midst of active deportation proceedings, responding to months of relentless, high profile advocacy that successfully argued that this loving, married couple should not be forced apart only because of DOMA. As a result, the case has been closed and Henry Velandia’s deportation proceedings have been removed from the court’s calendar. While the move does not grant Henry any lawful status, it does mean that the threat of deportation has been removed. This historic move caps a nearly year long battle waged by Josh and Henry as part of the Stop The Deportations campaign.

BACKGROUND

Henry Velandia, 27, is a professional salsa dancer and dance teacher from Venezuela. Joshua Vandiver, a Ph.D. candidate in Political Theory at Princeton University, originally from Colorado. The couple has been together for five years. After the couple married last year in Connecticut, Josh filed a marriage-based green card petition for Henry. The petition was denied in January solely because of the Defense of Marriage Act. After the announcement by the White House that the administration would not longer defend DOMA in court because it believed the statute to be unconstitutional, Josh filed a second marriage-based green card petition for Henry. That petition is still pending with USCIS.

For the past year they have lead a high profile campaign leading the Stop The Deporations-DOMA Project efforts to stop the Henry’s deportation which would tear them apart, destroy their marriage and lead to Henry being barred from the United States for 10 years.

If Henry and Josh were an opposite-sex couple, there would be a clear path to resolve to this very predicament. Even in deportation proceedings, an American citizen can sponsor his or her foreign spouse for a “green card.” However, because of the so-called Defense of Marriage Act, the federal government cannot recognize Henry and Josh’s same-sex marriage for immigraiton purposes. Consequently, Henry Velandia is denied access to the typical marriage-based green card process.

After months of advocacy, on May 6 Newark Immigration Judge Alberto Riefkohl adjourned Henry’s deportation case citing the couple’s marriage, the pending marriage-based petition that Josh filed for Henry, and considering recent legal developments involving DOMA a related deportation case.

Just a month later, on June 9, Newark’s Immigration and Customs Enforcement (ICE) Chief Counsel, Jane Minichiello, contacted Lavi Soloway, Henry and Josh’s lawyer, and founder of the Stop The Deportations- DOMA Project. ICE Chief Counsel informed Mr. Soloway that ICE had re-considered its position and had decided to seek Administrative Closure of the case against Henry by filing a Motion with the Immigration Judge. The Immigration Judge tentatively set a hearing date for July 6 to consider the Motion, but the process moved more swiftly than expected. ICE Chief Counsel filed the Motion on June 10 and the Immigration Judge granted it on June 13. The couple received the decision by mail on June 29. It read:

"A Motion to close the proceedings administratively has been filed in the above entitled matter. Upon due consideration, IT IS HEREBY ORDERED that the Motion be granted. Joint Motion is made part of this order by reference. Parties are advised."

CONCLUSION

Tens of thousands of binational same-sex couples will celebrate this historic victory with Josh and Henry. It is the first concrete step taking by the administration to prevent a married gay couple from being torn apart by a “DOMA deportation.” Lesbian and gay binational couples who are fighting to find ways to stay together in this country, those who are separated by cruel, discriminatory laws and those who have been forced into exile, can all rejoice at this milestone. It is one more step in a long battle toward full equality.

STOP THE DEPORTATIONS – THE DOMA PROJECT is a campaign which was co-founded by the couple’s attorney, Lavi Soloway in July 2010 along with his law partner, Noemi Masliah. For nearly two decades, Soloway has been the most prominent attorney and advocate on LGBT immigration isues in the United States. He has worked exclusively in this field since co-founding the non-profit organization, Immigration Equality, in 1993.

More information on the Stop The Deportations - DOMA Project can be found at www.stopthedeportations.com.

Contact: Lavi Soloway 323-599-6915 or StopTheDeportations [at] gmail.com

Justin Page 925-408-0662 or StopTheDeportations [at] gmail.com

San Francisco Pride Weekend Recap

2011-06-28T20:09:00.000-07:00

by Chris Barnett

Out4Immigration's Pride Weekend in San Francisco was a big success. On both Saturday and Sunday Out4Immigration was present at the Marriage Equality USA and GetEQUAL booth, and it was great working alongside other community members demanding equality for all families—and our families!

If you have not seen this week’s petition on Change.org, please check it out (and sign and share!). Volunteers collected signatures all weekend to add to the petition, and had opportunities to talk and connect with a wide range of people, including a number of people in same-sex binational relationships. And as always, Mother Nature pulled back the fog to reveal glorious late June weather, it was pretty great to be there. Plus, when you’re standing in the shadow of City Hall with a veritable rainbow of humanity, beauty, and outrageousness, how can you want to be anywhere else? Thanks to the O4I volunteers and our friends from Stop The Deportations, MEUSA and GetEQUAL for their camaraderie and help!

We had great energy with our contingent and throughout the weekend's celebration. Many thanks to all the wonderful people who turned out to march with us, and helped us have such a great presence! We were delighted that the parade organizers put us right behind Marriage Equality USA, giving that section of the parade a strong equality-oriented presence.

Several rolls of stickers and a whole box or so of our “green cards” later, we found ourselves already turning off at 8^th Street, the end of the parade route! Some of us have been in this struggle longer than others, and while we all care and see the injustice, there were years where we might as well have been yelling into the dark. This year, we were greeted with shouts of approval, whistles, smiles, and applause. People are taking note of the injustice same-sex binational couples face, and we claimed Market Street as our own. People like the idea of equality!

Out4Immigration also co-presented "A Few Days of Respite," a film shown at the Castro Theater on Sunday afternoon as part of the Frameline San Francisco LGBT Film Festival. I have not, in all honesty, been able to catch up with O4I members who were there, so I have to report back on that—but I have no doubt they put their best feet forward and hope the film was good!

Thanks to everyone who turned out to represent and celebrate with us. From parents to small children, friends and loves, it was a proud moment indeed to come together and feel the energy of a crowd beginning to wake up to the injustices we’ve been struggling against for so long. It was a proud day indeed to be in San Francisco. If you couldn’t make it this year, you’ve got almost a whole year to plan for next year! By then, we hope our work and those of our allies in the struggle to stop deportations and recognize our relationships for immigration purposes will be in the past, and we will truly have a reason to celebrate. Help us make this happen--send an email to info@out4immigration.org and let us know you are ready to volunteer.

Microsoft Supports the Passage of Uniting American Families Act!

2011-06-28T16:30:00.000-07:00

We just received this very important news from one of Out4Immigration's members today! The volunteer, who prefers to be anonymous, has been working behind the scene to get Microsoft to support the passage of Uniting American Families Act. He was also the person responsible for getting a resolution passed in the Bay Area in support of UAFA.

So after all the hard work he has put in, Microsoft yesterday officially signed on!

They sent a letter of support to Senator Patrick Leahy, who is the sponsor of the bill in the Senate as well as the chair of the Senate Judiciary Committee. The copy of the letter is here (click on the image and it should bring you a PDF version of the letter).

This is an important step to show that corporate america supports equal immigration rights for same-sex binational couples! And we are very thankful that the anonymous volunteer has worked so hard to get Microsoft to sign on!

Letter from Microsoft to Sen Patrick Leahy

March with Out4Immigration at San Francisco's LGBT Pride Parade!

2011-06-20T09:44:00.001-07:00

San Francisco Pride is here! As with years past, Out4Immigration will be present at San Francisco Pride marching for equal immigration rights & talking to festival goers about our issue.

Here is a short list of events that we will be involved during Pride Week! We are also looking for volunteers for those events. If you have never marched in Pride Parade in San Francisco, we encourage you to come out and join us! It is a safe but very very empowering and fun parade to be involved in!
Booth at SF LGBT Pride 2011

Marriage Equality USA has kindly offered some space in their marriage pavilion to Out4Immigration and GetEQUAL to talk to the festival goers. We are looking for volunteers to disseminate information about Out4Immigration and the issues we work on, collecting more signatures for our latest petitions, encouraging people to call Senator Dianne Feinstein (and their representatives), and recruiting more people for a rally in San Francisco on July 13th.

We will be at the booth both Saturday the 25th and Sunday the 26th, from 11am to 6pm. We will need your commitment for at least a 2 hour shift, if possible. We know, everyone is busy Pride weekend, but this is only a 2 hour commitment and a chance to make a huge difference in getting the word out to the larger community. Did we mention you would also be working along side the fantastic folks at GetEqual and MEUSA? :)

Dates: 6/25, Saturday & 6/26, Sunday

Time: 2 hour shift between 11am-6pm

If you are unable to commit to a 2 hour shift, Marriage Equality has asked for volunteers to help them set up and/or tear down the booth at 9am and 6pm Saturday and Sunday.

Please email Heather Rose (quietis@gmail.com) with a time slot of when you are available to volunteer!

San Francisco LGBT Pride Parade

Additionally, don’t forget to turn out on Pride Sunday, June 26th, 2011, to march with Out4Immigration. We’re going to have a great contingent this year, and will be marching with members of Marriage Equality USA, GetEQUAL, as well as friends from the community. In addition to standing up for the right to sponsor our foreign partners, we will draw attention to Palm Springs couple Doug Gentry and Alex Benshimol, who are facing a deportation hearing in San Francisco on July 13, for the very reason that we cannot sponsor our foreign spouses the way other Americans can.

This is a time to turn out in the streets and demand that our government policies stop singling our families out for the cruel treatment we’ve been expected to live under, because of DOMA, for far too long. Our relationships are worth feeling proud about and worth celebrating. Marching with O4I on Pride is a great way to honor that, and encourage the wider community to join us in stating that the time for DOMA to end is now!

For information about time and where to meet, check our facebook events page which will contain the most updated information!

This year, we have been assigned to march almost at the front of the parade (contingent 51 out of 182 contingent)! So please make sure you are at the assembly area by 10am so we can ensure that you are stocked with parade gears (green cards, stickers, signs) before we start marching.

Please email Chris Barnett (cbarnett.sf@gmail.com) or Erik Schnabel (erikschnabel@hotmail.com) with questions related to marching on Pride Sunday.

Contingent Monitor Needed!

As part of the parade rules, we need to have volunteers trained as Parade Contingent Monitors. The trainings are fun and only last about an hour but you help ensure that the Parade is a safe and fun event for all. There are still a few more training sessions available this week leading up to Pride this coming weekend. To find out the location and timing of the training session – click through here: http://www.sfpride.org/parade/contingent-monitors.html

ONE REQUEST – please email Chris Barnett (cbarnett.sf@gmail.com) when you have completed the training so he knows how many people have been trained. Since GetEQUAL is marching with us this year, we have no idea of how many monitors needs to be trained, so we would like to have more trained monitors as opposed to less.

FRAMELINE SCREENING

Out4Immigration is co-presenting a movie “A Few Days of Respite” on Pride Sunday, June 26^thas part of the 35^th San Francisco LGBT Film Festival. We will have the opportunity to speak with festival goers (and get them to sign the petitions) as they wait in line to get into Castro Theatre. We have been given 4 tickets to the screenings and volunteers for this event will be given the tickets to the screenings. Please contact Erik Schnabel at erikschnabel@hotmail.com if you have some time during the afternoon to volunteer for this event.

Let's Keep the Pressure On: Other Actions You Can Take This Week

Online activism: Sign our weekly petitions at change.org urging Congressional and Executive Support of Equal Immigration Rights for Same-Sex Binational Couples! We got a total of 12 new co-sponsors since the bill, Uniting American Families Act (UAFA) has been introduced on April 14th .

Buy a song to help our cause: Musician Sean Chapin has written a song about same-sex binational relationships called "Sing Me a Lullaby" now available on iTunes. A portion of the proceeds from the sale of the song will go to Out4Immigration. You can view the song's video here.

Recent UAFA Co-Sponsors

2011-06-17T08:45:00.000-07:00

A number of new co-sponsors have signed onto the Uniting American Families Act (UAFA) in the past month and a half. Since the bill was reintroduced in Congress on April 14, 10 new co-sponsors have added their names in the House and 2 more have come on board in the Senate. This brings cosponsor totals to 112 in the House and 21 in the Senate.

House:
Rep Cummings, Elijah E. [MD-7] - 5/5/2011
Rep Michaud, Michael H. [ME-2] - 5/5/2011
Rep Ryan, Tim [OH-17] - 5/5/2011
Rep McCarthy, Carolyn [NY-4] - 5/5/2011
Rep Sherman, Brad [CA-27] - 5/5/2011
Rep Fattah, Chaka [PA-2] - 5/13/2011
Rep Tierney, John F. [MA-6] - 5/13/2011
Rep Scott, Robert C. "Bobby" [VA-3] - 5/26/2011
Rep Higgins, Brian [NY-27] - 6/14/2011
Rep Markey, Edward J. [MA-7] - 6/14/2011

Senate:
Sen Brown, Sherrod [OH] - 5/2/2011
Sen Udall, Mark [CO] - 6/7/2011

While lots of our work and attention has been focused on stopping the deportations of the foreign spouses of Americans and asking the Obama Administration to clarify DOMA's unconstitutionality in regard to "spouse" or "fiancee" visas and green cards, we can still continue to raise awareness and bring more legislators on board with UAFA as well as the Reuniting Families Act (RFA).

To check and see if your representative has signed onto this legislation, visit the Library of Congress Thomas website: UAFA and RFA.

If they have already co-sponsored, call their office to thank them, but let the person who answers the phone know that there is lots more work to do. If they have not sponsored this legislation yet - ask them to please do so.

Anyone in a same-sex binational relationship who is so able, should meet with their Representatives (or aides at their local in-state office) to tell your story. Out4Immigration can coach you beforehand and make sure you bring the right materials to illustrate your story and the current status of same-sex binational couples in the US. Contact us at info@out4immigration.org.

Obama Administration Sends Conflicting Messages on Same-Sex Binational Couples and DOMA

2011-06-11T17:26:00.000-07:00

by Chris Barnett in collaboration with Out4Immigration and Lavi Soloway

Here's our latest petition, starting with background:

Petition link: http://tinyurl.com/3ebxc5h

On June 8th at the tail end of a White House press conference, Press Secretary Jay Carney was asked about the ongoing deportations of same-sex spouses of Americans, specifically:

“In June 2009 the Department of Homeland Security issued a memorandum on deporting certain widows and widowers of U.S. citizens. At the time, Homeland Security Secretary Janet Napolitano said that, “smart immigration policy balances strong enforcement practices with the common-sense practical solutions to complicated issues.” Yet, in May, asked about requests by advocates for a moratorium on deportation of foreign partners and same-sex binational relationships, similar to the 2009 moratorium, you said the President can’t just wave a wand and change the law. Can you explain the difference there?”

The answer from Mr. Carney? A) The President cannot wave a magic wand. B) That we need to work on comprehensive immigration reform and generate bipartisanship support for it sometime in the future, one day it will happen.

Imagine having plans for your life, your career, your family, your dreams—even your ability to go home to the one you love in the evening—hinge upon successful comprehensive immigration reform! It’s ludicrous to think any citizens would be faced with this, yet thousands of Americans and their families are.

While a court has struck down The Defense of Marriage Act as unconstitutional, and the Justice Department’s agreement with that, one must wonder why no action has been taken to stop the deportations.

This equivocating at the highest branches of government MUST stop. Press Secretary Carney is the mouthpiece for this administration, and his answers are highly unsatisfactory to the estimated 54,000 couples whose partners are at risk of deportation.

The body of our petition letter springboards from the words of Attorney Lavi Soloway, writing in response to the interchange described above. We have been saying for a long time that this is a community issue. As long as some of us are not free to choose where we want to live and who we want to commit our lives to, then no one is free. If we do not have the support of wider community, we allow injustice to perpetrate. Please sign our petition letter, and please share it on!

Out4Immigration (O4I) is an all grassroots volunteer organization. Each week we target members of Congress, elected and appointed officials, and policy makers with our weekly petition urging them to do something to change the unjust laws that keep same-sex binational couples from fair and just immigration rights.

You can visit Out4Immigration at its website, through its Yahoo Group Page, on Facebook and Twitter, or at its blog. If you know someone in a same-sex binational relationship, please encourage them to speak up and get involved. The time for justice is now!

Petition link: http://tinyurl.com/3ebxc5h

And here is the letter:

Please Lead on the issue of Binational Same-sex Families Being Torn Apart by DOMA

Dear Press Secretary Carney,

At a White House press briefing on June 8, you were asked about the ongoing deportations of spouses of lesbian and gay American citizens. By responding that the administration is focused on bipartisan comprehensive immigration reform rather than addressing the impact of the Defense of Marriage Act (DOMA) on lesbian and gay American citizens with foriegn spouses, you sidestepped both the question and the essence of the matter.

We believe that a more focused effort to address this issue is long overdue, and simply diverting these questions about the impact of DOMA on same-sex binational couples by re-framing it as an immigration reform issue is no longer acceptable. Some American families continue to be less equal than others, their lives are being destroyed, and the culprit is DOMA. This administration has rejected DOMA in every way possible and must work to ensure its swift repeal; meanwhile, we need clarification from the administration: how will the White House ensure that LGBT Americans with law-abiding, foreign spouses are not torn apart by unnecessary deportations?

One of the most prominent voices advocating for binational same-sex couples is attorney Lavi Soloway, a veteran of LGBT immigration and Marriage Equality movements and the founder of the Stop The Deportations - The DOMA Project campaign. This was his reaction to the answer you gave at the press briefing, which was published in Metro Weekly by Chris Geidner:

“It is true that comprehensive reform is desperately needed to fix our broken immigration system. But achieving bipartisan support in the foreseeable future is extremely unlikely and, frankly, irrelevant at this point to the thousands of lesbian and gay binational couples who are threatened with deportation, separation, and exile. By repeatedly returning to its comprehensive immigration reform talking points, the administration side-steps what is at the core of this issue: Equality.

We agree. With all due respect, this is not about achieving comprehensive reform, bipartisan or otherwise. It is about treating all American citizens with foreign spouses with respect and compassion by protecting them from being torn apart. The executive branch has the power to ensure that our families are at least protected from deportation today while we continue the fight for full equality.

Same-sex binational couples should not need to wait until immigration reform is achieved years from now, because US immigration law already provides for an American citizen to sponsor his or her spouse for a “green card.” It is DOMA that is destroying the lives of same-sex binational couples, not a lack of immigration reform.

This administration believes DOMA is unconstitutional and refuses to defend it in federal court. Just last week the White House informed us that President Obama “believes that Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country.” The President must take action immediately to ensure that no Americans face this choice. He can do this by putting in place a moratorium on the deportations that would protect all LGBT binational couples until DOMA’s fate is resolved by Congress or the courts.

The administration has an opportunity and a responsibility here to match its public statements about DOMA and same-sex binational couples with action. We simply cannot accept that the admirable goal of achieving comprehensive immigration reform requires that unnecessary “DOMA deportations” must continue. Along with 65 members of the House and Senate, we urge the President to put a halt to all deportations of spouses of LGBT Americans.

The conflicting messages coming from the White House leave us with no protection against the deportation of our spouses and partners. We are not asking the President to “wave a magic wand.” We are asking for meaningful, and overdue, leadership on this irreparable harm that is being perpetrated on our families because of DOMA.

Sincerely--

[Your name]

Petition link: http://tinyurl.com/3ebxc5h

Cristina and Monica: Legally Married Same-Sex Binational Couple Facing Deportation

2011-06-08T09:10:00.000-07:00

Today Freedom to Marry released a video produced in partnership with In The Life Media telling the moving story of Cristina Alcota and Monica Ojeda, who, though legally married, face deportation or separation because the so-called Defense of Marriage Act denies married same-sex couples immigration protections.

This is the reason why we need the laws in this country to change! When you are done watching the video, head over to change.org and sign all of our petitions there!

The couple are clients of attorney Lavi Soloway, who runs the DOMA Project: Stop the Deportations. Lavi has proved to be a champion for couples like Christina and Monica, and a number of Out4Immigration members have sought his advice. If you need to contact Lavi, you can do so through his website, the DOMA Project: Stop the Deportations.

Note: Cristina and Monica have appeared numerous times in the media as activists for the DOMA Project's Stop The Deportations campaign, including: CNN, New York Daily News (twice), Gay City News (twice) and NY1 Pura Politica.

Rain or Shine: Out4Immigration Comes Out at Sacramento Pride

2011-06-08T07:23:00.000-07:00

by Erik Schnabel

It certainly was a wet Pride in Sacramento this Saturday! Gina deserves praise for getting there early and setting up what many people described as the "best looking booth" at Pride. Despite the rain, it managed to stand out. Not to mention the great give aways that helped bring people in.

I was super appreciative of getting a chance to meet and work with Gina's sister and friends, who did a great job spreading the word on O4I (this is the third year they've run the booth at this festival). We had lots of great conversations with people and got lots of signatures on the petition. Not too mention many new people signing up for more info on Out4Immigration.

In addition to raising awareness with our conversations and materials, we raised over $100 from t-shirt sales and donations.

If Pride is coming up in your city, we can help you cover costs and set up a booth like we did in Sacramento, and will be doing again in San Francisco at the end of the month. There are still so many people out there - including people in same-sex binational relationships that don't know that there is a strong grassroots movement that they can join and help make the change we all need to stay together with our partners and spouses. Email info@out4immigration.org for details.

Let Anthony John Makk Stay in the US

2011-06-08T06:12:00.000-07:00

Another same-sex binational couple is about to be torn apart. Anthony (left) is an Australian national legally married to Bradford (right) an American.

The couple have been together almost 20 years and have been married for seven. Anthony has been able to stay in the US for this length of time on the back of work visas while running his own business, but now that visa is up and he will be forced to leave Bradford on June 13.

The couple are clients of Immigration Equality, who we hope will win some type of temporary reprieve to keep Anthony here. Bradford has a number of health problems that would make it very difficult for him to travel to Australia - but that is not the point. The point is: As an American citizen who is legally married, Bradford should have the right to sponsor Anthony for a green card, the same right that is afforded to married opposite-sex binational couples.

What Can You Do to Help?
1. Support this couple by joining a Facebook page dedicated to their case: Let Anthony John Makk Stay in the US.

2. Sign this week's Out4Immigration petition to Sen. Dianne Feinstein (D-CA), urging her to use her political power to stop the deportations of ALL same-sex binational couples and end the discrimination. Click here.

3. Watch last night's Bay Area NBC affiliate news coverage of Anthony and Bradford's story and circulate this video.

Senator Feinstein, please be a champion for ALL families!!!

2011-06-04T23:30:00.000-07:00

by Chris Barnett

http://www.change.org/petitions/senator-feinstein-please-be-a-champion-for-all-families

Much of Out4Immigration’s efforts over the years has been focused on securing equal immigration rights for same sex binational couples. The Uniting American Families Act is bill seeks to amend the Immigration and Nationality Act to add the words “and permanent partners” wherever one finds the word “spouse”. Binational couples, families, and their respective communities need to encourage members of the House and Senate to become cosponsors.

Senator Dianne Feinstein of California has repeatedly rebuffed requests by community members to cosponsor UAFA. Historically, the concerns she has stated include the contentiousness of issues related to same-sex marriage and immigration –especially voicing concerns about fraud, even though UAFA stipulates tough penalties in those instances, just as for heterosexual couples. On a larger point of immigration reform, she has expressed her preference to support comprehensive immigration reform, rather than piecemeal legislation like UAFA to deal with specific communities or issues. Out4Immigration and its supporters have taken issue with this stance of the Senator’s, believing this to be an issue more relevant to civil rights and equality than immigration—and thus an issue worthy of her support—not to mention the feeling it leaves behind, that she does not get how injurious current laws are for many Americans and their families.

Feinstein's intervention in 2009 on behalf of Shirley Tan and Jay Mercado, a California couple with two sons, is exactly the response we would hope for from her in the face of the discrimination our families face. Sadly, when it comes to every other family affected by this issue, Senator Feinstein has shown little interest in making this issue a priority, even as many lives are torn apart by it.

In a recent interview with Frontiers Magazine, Senator Feinstein spoke about the need for DOMA repeal--and as some may be aware has authored The Respect for Marriage Act to that end--yet rejected family reunification for LGBT as relevant to that effort. Considering the years in which we have been appealing to Senator Feinstein through letters, phone calls, and meetings with aides to support UAFA, we found her lack of knowledge and awareness on this issue disheartening and disturbing—and grounds for this week’s petition letter calling on her to champion this issue at last as she works to seek The Respect for Marriage Act’s passage.

By treating one group as if they should wait for their civil rights, our elected representatives perpetuate conditions that give rise to inequality in our society. Demand better! Please sign this letter, and please share and promote however you can!

http://www.change.org/petitions/senator-feinstein-please-be-a-champion-for-all-families

And the letter:

Senator, the time has come to be a champion for ALL families!

Dear Senator Feinstein,

For years, Out4Immigration has been working to secure passage of the Uniting American Families Act (UAFA, H.R. 2221 / S.1328) and, more recently, Congressman Mike Honda’s Reuniting Families Act (RFA, H.R.1796).

Over the years, members of Out4Immigration and many of your constituents have appealed to you for your signature as a co-sponsor of the UAFA. As a politician, your concerns about “contentious” bills like this one are understandable. However, your intervention on behalf of the family of Shirley Tan and Jay Mercado in 2009 inspired and gave hope to all who are touched by this issue. It affirmed for us your knowledge that many Americans face similar hardships. The fact that some Americans have a mechanism to sponsor their foreign-born spouses for legal immigration, while members of the LGBT community do not, points directly to the issue of equality.

In the course of your recent Frontiers Magazine interview, you expressed surprise on the issue of same-sex binational couples and what DOMA repeal would mean for them, asserting that this issue was “a whole different set of laws.” The fact is, immigration through family reunification IS an important federal right – one of the 1,138 federal rights legally married gay and lesbian citizens are currently denied due to DOMA. As Attorney Lavi Soloway states in Frontiers,

"The growing call for a moratorium on deportations that are tearing married same-sex binational couples apart every day in this country is not solely, or even primarily, an immigration issue, but rather an equality issue. No other civil rights issue of our time intersects with our broken immigration system in this manner.”

Senator Feinstein, we stand firmly behind you in the conviction that the Respect For Marriage Act must become law. It’s time for America to join the more than 20 other nations on the side of fairness and human rights by providing same-sex binational couples a legal way to sponsor their spouses for permanent residency, along with all the other rights afforded heterosexual married couples under federal law.

You stated in your interview that you would “look into” the binational issue. This petition is our effort to help you do that, because our families urgently need your help, and this injustice has gone too long without being set right. America’s LGBT citizens in binational relationships have been asking for your help for a long time. It is our hope that through the Respect for Marriage Act, you at last take advantage of the opportunity to become the champion our families so critically need.

Respectfully,

[Your name]

http://www.change.org/petitions/senator-feinstein-please-be-a-champion-for-all-families

FAQs on Immigration, DOMA and Same-Sex Binational Couples

2011-05-27T08:58:00.000-07:00

by Heather Rose

The past few weeks have seen a fantastic increase in main stream media attention to our issues. Unfortunately that attention brings with it inevitable questions and confusion from people who have never had to think about immigration in the context of the Defense of Marriage Act and the LGBT community. Rather than argue with every troll on the internet I decided to create a FAQ that I can refer people to when presented with common questions. While each of these questions is answered from my personal perspective, I think it may be helpful for others.

If anything I say is unclear or incorrect, please feel free to comment. Notice any missing common questions? Please leave a comment and we'll address it.

[Please note: For the purposes of this FAQ I am referring to my partner as my spouse. We are currently unable to get married in the State of California but would do so if we could.]

1. Q: Same sex couples can now get married in a few states. Can't you just marry in a state where it's legal and then sponsor your spouse for immigration?

A: No. Unfortunately the Defense of Marriage Act prevents the federal government from recognizing my same sex spouse as my spouse. As an un-married couple in the eyes of the federal government we are not eligible.

In fact, for some immigrants the simple act of getting married to an American citizen/permanent resident may jeopardize their ability to stay in the country. Many immigrants are here under visas that require them to leave at the end of the visa period. Getting married would demonstrate intent to stay and could violate the terms of their visa.

2. Q: Why can't your spouse just apply for a green card or another visa? People do that all the time.

A: One common sense thing I would ask in response to this question: If legal immigration is so easy, why do we have so many undocumented immigrants? The requirements for legal immigration are stringent. Most people would find that if their families had to immigrate to the US under current immigration law, they would not be eligible. The rules so many of our ancestors historically used to immigrate legally have changed, and most Americans who have never had to deal with immigration issues simply have no idea how hard it is to become a legal alien in the United States.

Despite having lived and worked here for five years, my spouse is not eligible for a green card. She has only been successful in obtaining a limited work visa that requires her to leave for at least one year before she can come back under another visa. Her personal educational circumstances make it difficult for her to obtain any other kind of visa. We're working on it but by no means is it a sure thing that she will be able to get a new visa.

3. Q: So you can't sponsor your spouse and she has to leave. She's from a country with a nice standard of living. Would it be so bad if you moved and lived there?

A: Traveling the world has been a lifelong goal, so yes, the prospect of living in a foreign country isn't entirely unappealing. What IS unappealing is that I am being forced to make this decision. It is patently unfair that other people are able to sponsor their spouses and I am not. Leaving the country should be a decision that I make voluntarily when the timing is right. As things stand right now, this will present a major hardship to my family and will completely disrupt my career. I am willing to leave to stay with her, but I shouldn't HAVE to leave in order for us to stay together. I should be able to sponsor her like any other married US citizen/permanent resident can do.

4. Q: I'm straight and it took six months/a year for me to bring my spouse/fiance to the US. Why are you complaining about possibly having to leave for a year?

A: I'm complaining because unlike you I don't have the option of sponsoring my spouse. Once she leaves the country there is no sure path for her to re-enter. This situation imposes undue stress and financial hardship on me, my spouse and my family.

5. Q: Why do you frequently pose this as an immigration problem when the problem is DOMA?

A: There are two parts to our situation. The first part is that DOMA prevents me from sponsoring her as my spouse. The second part is that she is simply not eligible for most legal forms of immigration. And that, in my mind at least, makes it an immigration problem just as much as a problem of discrimination against LGBT. My spouse is a brilliant woman working at the top of her field. She pays taxes and contributes to our community. [She also pays into Social Security, which she may never be able to claim.]

She should be welcomed with open arms. Instead, come the end of her visa, she will have to leave. This country is in the habit of "throwing out" decent, good people and it needs to stop. Our relationship should certainly be recognized but she should also be able to stay completely on her own merits.

6. Q: If I was in your situation, I would ask her to just stay in the country illegally or try to arrange a marriage of convenience. Why aren't you doing that?

A: We have decided that neither course is right for us and we are uncomfortable with the risks involved. Other couples in similar situations are not nearly so lucky in being able to afford the expense of moving together to a new country. We will also be able live comfortably together in Europe, whereas others are faced with moving to countries where it is dangerous or impossible to live as a same-sex couple or LGBT person. Still others make decisions based on healthcare or family considerations. Every situation is unique and I really can't judge people who take an illegal course of action in order to stay together.

Support Our Work and Get a Gift!

2011-05-25T16:04:00.000-07:00

Dear Friend of Out4Immigration,

We don't often send out requests for donations.

As a grassroots, all-volunteer organization, we only do this when we know the money raised will be put to immediate use or for crucial events where we feel we need a presence to make a difference. Now is one of those times! We are now down to our last roll of stickers and with Pride events happening all across the Country, we really need to replenish our stock. Our stickers have been an awesome tool in reaching out to the public to raise awareness about our issue.

Your donation will be used for several key items that will help us reach more people about the important work of Out4Immigration. The first item will be printing about 15,000 stickers, which will cost about $1,100. In addition, we need money to help us pay for registration fees for Pride events. Can you help us by donating $10, $25 or $50 to support these activities? Your generosity helps us continue our efforts to change America's broken immigration system and continue to work toward legislation and administrative fixes that will stop the deportations, exiles and struggles same-sex binational couples face.

You can donate online directly and securely from our webpage at Out4Immigration.org - make sure you indicate "Out4Immigration" under Project. Our fiscal sponsor, Peace Development Fund, will handle the transaction and provide you with the necessary tax exempt receipt for your donation.

If you don't feel safe donating online, you can also send a check (instructions are on the Out4Immigration donate page).

All money raised goes directly towards these crucial expenses! Please consider making a donation today. No donation is too small, and every donation is both greatly needed appreciated.

As an added bonus, Judy Rickard has kindly autographed 10 copies of her book, TORN APART, and we will present you with a copy of the book when you donate more than $75!

Thank you!
Amos Lim, Treasurer and Director, Community Outreach

The Video Everyone is Talking About

2011-05-17T16:06:00.000-07:00

DeVote Campaign Talks to Out4Immigration's All-Volunteer Same-Sex Couples

A group of our volunteers took part in a video by the DeVote Campaign, a project led by filmmaker Brynn Gelbard. DeVote is rooted in the conviction that the LGBT community will acquire equal rights if we stand together and share our true stories of love, courage and triumph.

We know the strength of our argument for the equal right to sponsor our partners for green cards lies in the telling of our stories. We thank Brynn and the DeVote Campaign for capturing several of our stories and expertly weaving them together to make the case that justice denied to one group of people is justice denied to all. Please re-post and re-circulate this video in your efforts to raise awareness and make change.

VISIT THE O4I BLOG TO READ ABOUT OUR WORK AND ACTIONS TO END DISCRIMINATION AGAINST SAME-SEX BINATIONAL COUPLES.

Let's Keep the Pressure On: Other Actions You Can Take This Week

Online activism: Sign our petition to the United States Citizen and Immigration Service (USCIS)urging them to stop denying green cards to loving and committed couples as well as our weekly petition for Congressional and Executive Support of the Uniting American Families Act (UAFA) - we got 2 new co-sponsors last week from this effort. We have added 7 new co-sponsors in total since we re-launched our weekly petition campaign last month.

Harvey Milk Festival, Sarasota, FL, May 21: Join O4I volunteer Shannon Fortner, organizer of this 2nd annual festival for equal rights. Shannon pulls together an amazing cross-section from her community to put on this all-day festival. If you are in the area, please sign up at the HMFS websiteto volunteer and please help spread the word about this event.

Buy a song to help our cause: Musician Sean Chapin has written a song about same-sex binational relationships called "Sing Me a Lullaby" now available on iTunes. A portion of the proceeds from the sale of the song will go to Out4Immigration. You can view the song's video here.

Stay tuned: To our Yahoo! Groups list, Facebook page or follow us on Twitter to keep up with breaking news and urgent actions. It seems something is happening to tear down the barriers same-sex binational couples face every day. Be a part of the change!

Lavi Soloway's LGBT Immigration Update on Marriage News Watch

2011-05-16T13:55:00.000-07:00

Extensive interview with attorney Lavi Soloway of Stop the Deportations. Lavi was the attorney for Henry Velandia, a Venezuelan national who is married to American citizen Josh Vandiver and faced deportation last week. Lavi's strategy, coupled with a stunning decision from Attorney General Eric Holder less than 24 hours before Henry's hearing, halted the deportation. Please watch this video for heaps of insight into what Lavi says is "this complicated, fast-moving issue."

Washington Post Calls For Moratorium on Deportations of Lesbian and Gay Partners of U.S. Citizens

2011-05-16T13:45:00.000-07:00

An op-ed in today's Washington Post, one of the country's most influential editorial boards, has called for the a moratorium on the deportation of undocumented same-sex partners of American citizens.

This is huge. People are paying attention, and it means that the awareness that was raised by Stop the Deportations, GetEQUAL and several other groups (including Out4Immigration) around the deportation and potential separation of Henry Velandia and Josh Vandiver was heard around the Beltway.

Read the editorial here.

Out4Immigration's Same-Sex Binational Couples Speak Out

2011-05-15T16:06:00.000-07:00

Out4Immigration - Binational Couples for Immigration Equality in the US from Devote Campaign on Vimeo.

Big thanks to the DeVote Campaign for working with a group of us to capture our stories and expertly weave them into this compelling video. Please watch - and then circulate. We know of no better tool to tear down the walls that separate us from our partners, force us into exile, cause us to "go off the grid" and otherwise impact our daily lives than our stories. Tell yours!

Two New Co-Sponsors for Uniting American Families Act (UAFA)

2011-05-15T16:02:00.000-07:00

Two new co-sponsors added their names to the Uniting American Families Act (UAFA) this week.

They are:

Rep. Chaka Fattah (D-PA-2)
Rep. John Tierney (D-MA-6)

Both representatives sponsored this legislation in the past. It's good to see them back on board. UAFA now has 109 co-sponsors.

Every week we send a petition to Congress asking more members to sign onto UAFA. Have you signed this week's petition yet? Click here to sign!

Five New Co-Sponsors for Uniting American Families Act (UAFA)

2011-05-09T07:08:00.000-07:00

Good news! Last week the Uniting American Families Act (UAFA) picked up 5 new co-sponsors in the House. That brings the total of co-sponsors to 107 in the House and 20 in Senate. The bill was re-introduced less than a month ago by Rep. Jerrold Nadler and Sen. Patrick Leahy.

The new co-sponsors are:

Rep Cummings, Elijah E. [MD-7] - 5/5/2011
Rep Michaud, Michael H. [ME-2] - 5/5/2011
Rep Ryan, Tim [OH-17] - 5/5/2011
Rep McCarthy, Carolyn [NY-4] - 5/5/2011
Rep Sherman, Brad [CA-27] - 5/5/2011

Also last week, Rep. Mike Honda re-introduced the Reuniting Families Act in Congress. This is the bill that advocates to to restore one of the tenets that the US immigration system was built on -- "family reunification". The bill includes same-sex binational couples in its description of what a family is -- and underscores it with language from UAFA. RFA has 80 co-sponsors in the House.

Out4Immigration especially thanks our volunteers like Chris Barnett, who puts out our weekly petitions and some others behind the scenes who track the legislative co-sponsors and tally up the totals for us. While there has been lots in the news about the administrative and judicial headway we are making in tearing down the laws that keep LGBT Americans separated from our partners -- the legislative course underscores that the laws are wrong and need to be changed. Keep up the good work, everyone!!

Urge Congressional and Executive Support of the Uniting American Families Act--Petition 4

2011-05-07T22:23:00.000-07:00

by Chris Barnett

This is cross posted at Daily Kos, as part of O4I's efforts to build Congressional support for the rights of Americans in same-gender relationships to sponsor their foreign partners.

Since the entire text, cover and petition letter, is repeated on Change.org, I will withhold that text here to share a few thoughts about our struggles for immigration equality--but let me start by giving you the link to this week's Change.org petition to urge congressional support of the UAFA:
http://tinyurl.com/3d29nv9
Needless to say, we are in a new chapter of our struggle for the right to choose who we bring into our families, and where we wish to live. We are seeing clear signs that our issues are gaining traction, whether from the stayed deportation of Henry Velandia, the actions of AG Eric Holder on a similar case--or the fact that the issue was on the front page of the national section of the New York Times yesterday. Not to mention the President's remarks on DOMA or the amazing attention Lavi Soloway is bringing to the issue. For years we've wished for this kind of press and attention to our plight. The long years of seemingly futile pushing are beginning to bear the fruits of momentum.
One of the things that has always struck me over the years is how people only seem to key in to the injustices of binationals when they fall in love with someone from another country. Only then do they find that, because of DOMA, they have no right to sponsor their loved one. And what's harder is that many of us don't wish to be activists, and without taking action we so often feel powerless, and so it can go in a vicious circle with damage being done and great stresses arising for the couples. I just know there are many of us out there. This is a fast world and this is a big country, and many of us are scattered with our loved ones to other lands--even as those of us who actively dialog on the issue seem so often to be small in number.
So we want love, but many of us have no interest in being political or activists, or showing ourselves to the world because we know how terribly this society has let itself treat us, and continues to do, whether though our deportations or separations or exiling or hiding. Being in a binational couple today I hate to say, at least in the US, kind of demands that you become an activist. You need to find the best way to be the citizen who shows how to live in opposition to how we are treated. At least to the extent you sign this petition. And get some people you know to do the same, whether by posting on Facebook, Twitter, emailing the above link to friends and family, or however you communicate with the people in your life.
Our moment is coming and we must keep up momentum. We must start finding our voice to say no to the way society has let itself treat us and our loved ones. Asking our elected representatives is one way to do this. People are beginning to take note in ways we've not seen before, even as the issue is being talked about on MSNBC and elsewhere. The culture is changing, many individuals know what we face is wrong, and the laws need to catch up with it. We have to continue to encourage our respective communities to support us and demand, along with us, respect for all families as an American value. We are making that happen. So sign! And pass that link along!

Victims of DOMA and the American Perception of It or Lack Thereof

2011-05-07T17:21:00.000-07:00

Guest post by Graham Adams, Same Sex Bi-National Alliance -- written from exile in the UK.

It is estimated that there are around 30,000 same sex bi-national couples living in the United States. Some resources suggest it’s closer to 40,000. In truth there is probably many more than both estimates due to the fact that many couples are living in hiding, too afraid to confide in their closest friends and in some cases, their families, in fear of being discovered by immigration authorities!

Recent immigration cases have swept the media into a frenzy, with individual cases appearing on the news, on radio, in newspapers and magazines and on social networking sites in abundance. The plight of same sex bi-nationals finally appears to be making headlines. The very idea of deporting one half of a loving, committed couple seems barbaric to most people. In truth, the vast majority of Americans are not even aware that GLBT citizens cannot sponsor their partners for citizenship!

This media coverage is indeed a good thing. It raises awareness and highlights the unbelievable hardships that same sex bi-nationals are forced to endure! We’re not merely talking about boyfriends and girlfriends here, we’re talking about couples who have legally pledged their love for one another by means of either a marriage or a civil union - a legally binding contract under the eyes of the State law in which the contract was issued.

America finally seems to be waking up and taking notice of these cases! And not before time!

However, there is another aspect of same sex bi-nationals relationships that mainstream America does not see! One that is not publicized in the media via the courts! One that would, if publicized, create even more empathy from the American people.

Each year, many thousands of Americans are forced to leave their country and their families to embark on a self imposed exile, just to be with their loved ones. Many more are forced to endure long distance relationships with their spouses because they cannot be together in either country! The agonizing yet all too painful truth of this matter is that these couples have not been fortunate enough to be able to remain in the US while lawmakers try to determine the future of DOMA or the ambiguity otherwise known as marriage, and how it affects same sex couples.

No one knows the exact figures of how many Americans are forced to live in exile because once they have left America’s shores, they are no longer an American problem! This, unfortunately, is a major issue and needs to be addressed.

Life as a bi-national couple living in the US can be unbearable with the constant threat of deportation or separation looming like a harbinger of death. But fortunately, many couples in the US have some kind of support structure, be it from family, friends, lawmakers, civil rights groups, legal representatives or a mixture of all. And that is how it should be!

Unfortunately, in most cases, that cannot be said for Americans in bi-nationals relationships living in exile who have been forced to leave their families and friends and everything they have ever known. Exiled couples do not get the exposure they need! Our stories are not mainstream. The American public, on the whole, does not even know we exist! The same can be said for couples who have already be torn apart and now live in different countries - their relationships reduced to one of skype, emails, telephone calls and occasional visits!

Keeping families together is the absolute priority and I am thankful that couples in America are now managing to highlight the plight of all bi-nationals, and that those facing deportation are managing to avoid the soul shattering procedure any way they can!

Same sex marriage is media “gold” at the moment and all recent stories of bi-nationals facing deportation have received an abundance of media attention. I wish the same could be said for the many thousands of couples living apart or in exile, for at times, it feels like we are the forgotten victims of DOMA, forced to endure the misery apart from our spouses, families, friends, homes and country!

DEPORTATION HALTED: "I Cannot Thank You Enough"

2011-05-07T17:12:00.000-07:00

Via GetEQUAL.

In the shadows of the Statue of Liberty, we see glimpses of freedom.

Henry Velandia's deportation hearing ended a short time ago, and it was quite an event. Because of the pressure that you and thousands of other LGBT advocates across the country created, Henry's case was pushed back to December, opening up the possibility for tens of thousands of other same-sex binational couples to make a case to keep their families together, despite the discriminatory Defense of Marriage Act (DOMA).

Henry and his husband, Josh, are ecstatic that they have more time together, though the fight is certainly not over yet. This week, a wide range of LGBT organizations came together to support Henry and Josh, including Stop the Deportations, All Out, Courage Campaign, Garden State Equality, Out4Immigration, Princeton Equality Project, Immigration Equality, Marriage Equality USA, and Queer Rising. And Henry and Josh's lawyer, the tireless Lavi Soloway, was a force to be reckoned with.

We asked Lavi if he wanted to send along a message to you with an update about what this means for Josh and Henry, for other binational couples, for other LGBT Americans, and for the movement -- here's what he had to say:

"Today was a remarkable day. We're still in legal limbo with this case and with others, but http://www.blogger.com/img/blank.gifmomentum is on our side and the Administration is starting to look for ways to address the disparity in how the U.S. government treats binational same-sex couples. We have wind at our backs, but there are tens of thousand of couples who are facing similar circumstances. We'll fight as hard as we can in the courtroom, but we need activists and organizers to fight as hard as YOU can on the streets. For your work that led to today's outcome, I cannot thank you enough!"

-- Lavi Soloway, co-founder http://www.blogger.com/img/blank.gifof Immigration Equality and founder of StopTheDeportations.com

Today was a good day…and we don't always have a lot of good days. We'll continue to press the Obama Administration to create a permanent solution to this problem of immigration inequality, but we'll need more people like you in order to do that.

Can you forward this email to your friends, asking them to join the movement for full federal equality at www.getequal.org/join-the-movement

In the shadows of the Statue of Liberty today, we were not silent, and her poem held renewed meaning: "Give me your tired, your poor, your huddled masses yearning to breathe free."

For equality,

-Heather Cronk, Managing Director

Note: Read today's New York Times coverage of this historic case, click here.

Out4Immigration at Newark Rally for Josh and Henry

2011-05-07T16:53:00.000-07:00

Out4Immigration volunteer Todd (Tif) Fernandez stepped up and joined the rally to stop the deportation of Henry Velandia in Newark on Friday morning, just an hour before the hearing. Todd spoke passionately on behalf of Out4Immigration and all same-sex binational couples.

Here's the text of his speech:

ON BEHALF OF OUT4IMMIGRATION – A GRASSROOTS ASSOCIATION OF SAME-SEX BI-NATIONAL COUPLES AROUND THE GLOBE – I AM HERE TODAY TO SAY WE STAND WITH YOU HENRY AND JOSH, DETERMINED TO SEE TRUE JUSTICE PREVAIL.

WE ALSO CALL UPON THE HONORABLE JUDGE TODAY TO HEAD THE HIGHER CALLING OF LOVE AND JUSTICE, AND FOR THE OBAMA ADMINISTRATION TO TAKE IMMEDIATE ACTION TO CATEGORICALLY STOP THE DEPORTATIONS OF OUR SPOUSES AND PARTNERS UNTIL DOMA IS DEAD.

WE ALL KNOW THAT A POLITICALLY CHARGED CONGRESS PUT THE DEFENSE OF MARRIAGE ACT ON THE BOOKS 15 YEARS AGO -- BUT THAT RECENTLY, BOTH THE EXECUTIVE BRANCH AND THE 1ST CIRCUIT OF THE JUDICIAL BRANCH HAVE DECLARED IT UNCONSTITUTIONAL.

THESE RECENT EVENTS AFFIRM WHAT WE’VE ALWAYS KNOWN: DOMA IS UNCONSTITUTIONAL, DISCRIMINATORY, AND CRUEL.

BUT GIVEN THE LEGAL COMPLEXITIES, THE PRESIDENT AND HOMELAND SECURITY SECRETARY JANET NAPOLITANO HAVE A CHOICE TO MAKE - AND THAT CHOICE MUST BE TO DO WHAT IS RIGHT GIVEN THE HUMAN LIVES INVOLVED.

THEY MUST REMEMBER THAT GOVERNMENTS ARE CREATED PRIMARILY TO PROTECT THEIR CITIZENS FROM HARM, YET THIS IS EXACTLY WHAT WE’RE EXPERIENCING IN AMERICA TODAY AS THE UNITED STATES PRACTICES THE DELIBERATE CRULTEY OF FORCIBLY SEPARATING LOVING, COMMITTED, AND NOW LEGALLY MARRIED SAME-SEX COUPLES.

AS THE GREAT TENNESSEE WILLIAMS SAID VIA HIS CHARACTER BLANCH DUBOIS: “DELIBERATE CRULETY IS NOT FORGIVABLE.” AND SO EACH TIME ONE OF OUR FAMILIES IS SEPARATED, IT PUTS AN IRREMOVABLE SCAR ON THIS COUNTRY’S HISTORY AND THIS PRESIDENT’S LEGACY.

AS WE SUFFER THIS INJUSTICE, WE MUST REMEMBER THAT THE PRINCIPLE OF NON-DISCRIMINATION IS FIRMLY EMBEDDED IN THE WORLD’S POLITICAL CONSCIOUSNESS.

INTERNATIONALLY, OVER 60 YEARS AGO WE LEAD THE WRITING OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, AND PRESIDENT OBAMA HAS PUSHED HARD TO ADD SEXUAL ORIENTATION TO THE UN HUMAN RIGHTS AGENDA, GOING SO FAR AS TO PRESURE FOREIGN COUNTRIES ON THEIR OWN DOMESTIC POLICY ON THIS ISSUE.

DOMESTICALLY, WE CREATED THE CIVIL RIGHTS ACT IN 1964 – WHICH FOR DECADES HAS OUTLAWED DISCRIMINATION FOR EVERY MINORITY STATUS OUT THERE – RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION – ALL EXCEPT OURS.

CLEARLY THE QUESTION OF OUTLAWING DISCRIMINATION BASED ON STATUS IS SETTLED, AND NOW IT MUST ALSO BE SETTLED THAT THIS INCLUDES OUR SEXUAL ORIENTATION AND OUR GENDER IDENTITY.

THE ARC OF JUSTICE ON THIS FRONT IS NOT ONLY CLEAR – BUT IT HAS ARRIVED – AND IT IS TIME THE UNITED STATES GOVERNMENT ACTED ACCORDINGLY.

WE NEED THIS ADMINISTRATION TO DEMONSTRATE THAT THIS COUNTRY HAS PIVOTED TO A NEW PRESUMPTION.

A PRESUMPTION AGAINST DISCRIMINATION BASED ON SEXUAL ORIENTATION IN ALL AREAS – REGARDLESS OF THE SUBJECT AREA.

A PRESUMPTION THAT BOLD ACTION IN OUR FAVOR IS RIGHT (LET THE OPPOSITION GO TO COURT FOR A CHANGE).

A PRESUMPTION THAT JUSTICE MEANS KEEPING OUR FAMILIES TOGETHER.

LET US NEVER FORGET THAT OUR HUMAN DIGNITY ENTITLES US – ENTITLES US - TO THE FULL PROTECTION OF OUR PRESIDENT AND GOVERNMENT - TODAY - AND NOT ONE DAY LATER.

ULTIMATELY THIS IS A HUMANITARIAN MATTER AND IF THE LAW IS IN THE WAY – THEN THE LAW BE DAMNED.

25 MILLION LGBT AMERICANS AND TENS OF THOUSANDS OF BI-NATIONAL COUPLES SUFFER TREMENDOUS HARM EVERY DAY WAITING FOR THIS COUNTRY TO LIBERATE US FROM THE OPPRESSION IT HAS CREATED -- OPPRESSION LONG ABOLISHED BY LEADING HUMAN RIGHTS DEMOCRACIES AROUND THE GLOBE.

IT'S LET’S GET WITH IT AMERICA. EQUALITY NOW. JUSTICE TODAY. LOVE ALWAYS.

MR. PRESIDENT, I URGE YOU TO LOOK AT MICHELE TONIGHT, AND IMAGINE AN IMMIGRATION COURT TAKING HER AWAY FROM YOU. WHAT WOULD YOU DO THEN?

GOOD LUCK HENRY & JOSH. AS YOU CAN SEE FROM THIS WONDERFUL GATHERING YOU ARE NOT ALONE. WE WISH YOU THE BEST. THANK YOU!

BREAKING: Attorney General Holder Vacates Immigration Decision Based on DOMA

2011-05-05T17:07:00.000-07:00

Via Metro Weekly Poliglot by Chris Geidner.

Attorney General Eric Holder today filed a very rare decision, vacating a decision by the Board of Immigration Appeals related to the application of Paul Wilson Dorman, in which the BIA applied Section 3 of the Defense of Marriage Act to his pending case.

Holder writes:

Pursuant to my authority set forth in 8 C.F.R. § 1003.1(h)(1)(i), I order that the decision of the Board of Immigration Appeals ("Board") in this case applying Section 3 of the Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7, be vacated, and that this matter be referred to me for review.

Saying the attorney general "has taken [an] extraordinary step" with the decision, attorney Eric Berndt -- the supervising attorney for the National Asylum Partnership on Sexual Minorities at the National Immigrant Justice Center -- tells Metro Weekly, "It adds some heft to our requests for prosecutorial discretion in individual cases in which the foreign partner" of a same-sex bi-national couple is seeking a green card because of his or her citizen same-sex partner.

Attorney Lavi Soloway, a co-founder of Immigration Equality, has been one of the leading attorney-advocates on the issue of asking the government -- the Department of Justice, Department of Homeland Security and White House -- to exercise that discretion. Soloway tells Metro Weekly in an email, "This development could be a sign that the Obama administration is looking for a way to protect gay and lesbian bi-national couples who are currently barred from the regular marriage-based immigration process by the Defense of Marriage Act. (Read more)

Rep. Honda Re-Introduces Reuniting Families Act

2011-05-05T13:06:00.000-07:00

Rep. Mike Honda (D-CA) reintroduced of the Reuniting Families Act (RFA) today, an LGBT-inclusive family immigration reform bill. The RFA will ensure visas are allocated efficiently and alleviate lengthy wait times that keep legal immigrants and their loved ones separated for years. The bill also eliminates discrimination in immigration law against same-sex binational couples by recognizing us as families, too. Good news!

Please call Rep. Honda's office and thank him for being a strong advocate for same-sex binational couples and comprehensive immigration reform. His number is: (888) 643-4715.

What Would You Do?

2011-05-04T17:38:00.000-07:00

Gina, a long-time Out4Immigration volunteer, speaks out and asks, "What would you do if your government denied you the right to live in your country with the person you love?" It's a stark look at the realities same-sex binational couples are forced to confront each day, while too many important people -- elected officials and those in charge of large organizations that collect a lot of money from the LGBT community and our supporters -- don't do all they can to end this gratuitous cruelty.

Laws like the Defense of Marriage Act (DOMA) and our broken immigration system stand in the way of Gina being with the woman she loves. And she's not alone. Some 36,000 same-sex binational couples face deportation hearings, separations and hardships that are too numerous to list.

Watch and listen to Gina's story. Then, do something.

URGENT ACTION: May 6 - Stop the Deporatation of Henry Velandia and All Spouses of LGBT Americans

2011-05-03T15:33:00.001-07:00

Stop the Deportation of Henry Velandia and All Spouses of LGBT Americans, Friday, May 6, Newark, NJ

Out4Immigration urges everyone in the Newark, NJ area to come out to protest the deportation of Henry Velandia Friday, May 6 at 11am:

Department of Homeland Security/Newark Immigration Court – Peter Rodino Federal Building

970 Broad Street

Newark, New Jersey

Henry (shown here at the right) legally married Josh Vandiver (left), a US citizen in Connecticut last year. But because of DOMA our federal government does not recognize this marriage and is ready to deport Henry. This couple will literally be torn apart, Josh's husband taken from him and returned to his native Venezuela, banning them from being together again on U.S. soil for 10 years!

Sadly, Josh and Henry are not the only same-sex binational couple in this situation. We need to make our voices heard that separating loving and committed couples is unacceptable. President Obama and Secretary of Homeland Security Janet Napolitano can stop these deportations while we continue to work to pass legislation like the Uniting American Families Act (UAFA), inclusive Comprehensive Immigration Reform and repeal DOMA. More details on Friday's action are on Facebook.

Can't Get to Newark on May 6? Here's What You Can Do

Online activism: There are several online petitions targeting Obama, Napolitano and members of Congress. Sign Stop the Deportation of Henry Velandia; Sign Dear USCIS: Don't Go Back to Denying Green Cards to Loving Same-Sex Couples; Sign the weekly petition for Congressional and Executive Support of the Uniting American Families Act. After you sign each of these, please circulate them widely. Post them on your Facebook page, Tweet them, send them in an email to your friends and family and let them know we need everyone's support.

Be a spokesperson for change: Local news outlets are looking for the local angle on stories like the deportation of Henry Velandia. This is national news. Call or email your local newspaper, TV station or contact your favorite blogger. Tell them you are a same-sex binational couple and this affects you. Share this mailer with journalists you know and respect.

Tell your story: Our greatest tool are our stories. We will publish yours on the Out4Immigration blog and share it with our nearly 5,000 followers. By telling your story you raise awareness within the LGBT community, the immigrant rights' community and your community-at-large. When people realize that regardless of our commitment to our partners, that in spite of being legally married, in a civil union or a domestic partnership that we are still denied the right to live in our own country with the person we love, they work with us to help us break down the barriers that stand in our way. Stand up, speak out.

Follow Henry's case: Henry's deportation hearing is set for May 6. Follow Out4Immigration on Facebook and Twitter for the breaking news.

Out4Immigration Prominently Featured at Congressman’s San Francisco Press Conference on Immigration Reform

2011-05-01T10:04:00.000-07:00

by Erik Schnabel

On Wednesday, April 27, Out4Immigration and other LGBT and immigrant rights' groups were invited to stand on the steps of San Francisco City Hall with Congressman Luis Gutierrez (D-IL). Congressman Gutierrez stopped in San Francisco as part of his 20+ city tour across the United States called Change Takes Courage. The Courage tour focuses light on the impact of not having passed immigration reform in Congress, and the local significance of people facing the real life consequences in their daily lives.

[In this photo, Jay Mercado (at the mic) speaks next to Shirley Tan. Erik Schnabel is wearing his O4I t-shirt, Rep. Gutierrez is at the right. See more pics, click here.]

The Tour calls on President Obama to do what he as the President of the United States has the power to do, and grant administrative relief for people facing deportation, especially since Congress has failed in its attempt to do so. The demands of the tour are to:

1) Keep families together - stop tearing apart families through deportation.
2) Stop Turning the Police into ICE agents - Programs like S- Comm, 287g and other local collaborations with police are trapping innocent people.
3) Everyone’s help is Needed to Grow the Economy - immigration programs that go after workers are wrong.

The press conference grew out my participation as a volunteer Community Outreach Organizer with Out4Immigration. In this role I reached out to the San Francisco Bay for Comprehensive Immigration Reform (SFB4CIR) coalition, whose meetings I have attended since last year. SFB4CIR is connected to many of the national groups working on immigration reform, which Congressman Gutierrez contacted for help on his tour. As the organizing began happening, it became clear that through O4I’s long-term connection with the local coalition’s work that we could really influence the message of the press conference and bring light to the fate of LGBT immigrants and binational same-sex couples. I was able to connect through O4I’s network to members who offered testimony. Surprisingly, I was even asked to co-emcee the press conference!

The press conference was very inspirational. Testimony was offered by community members from all aspects of the immigration debate. I was able to share my own experiences as a US citizen partner in a binational same-sex relationship, and was honored to introduce Jay Mercado and Shirley Tan, the same-sex binational couple who made national news when Shirley’s deportation was stopped through intervention by a private bill in Congress. Other testimony came from Norma, a woman who was taken by immigration agents when she reported her domestic violence situation; a high school teacher who spoke out for her DREAM Act eligible students who were too afraid to speak because of their immigration status; a union organizer who has seen immigration used as a tool when workers organize and demand their rights; and a woman who came as a refugee from Iran but knows that except for the fact that she was able to qualify as a refugee she might be in the same situation as many others. Equally powerful was the closing prayer by an Episcopal priest, who talked about being an openly gay man who shares his life with two immigrants - his binational partner and their internationally-adopted son.

In addition to Congressman Gutierrez, we were also joined at the press conference by San Francisco Board of Supervisor President David Chiu, Supervisors David Campos and John Avalos, as well as representatives from the offices of Assemblyman Tom Ammiano and House Minority Leader Nancy Pelosi. Supervisor David Campos, as an openly gay Latino man who immigrated to the US without documents, used his speaking time to hold up the plight of LGBT immigrants and the need to push for reform that includes us. Congressman Gutierrez assured the crowd that any immigration reform measure that he introduces in Congress will include language for LGBT immigrants and same-sex binational couples and that he will fight to make sure we are included in his conversations with President Obama and anywhere else immigration is debated.

If you'd like more information on doing community outreach like this where you live, please feel free to contact me at erikschnabel@hotmail.com or Amos Lim at amos@out4immigration.org. We need more of us to come forward and make connections in our communities that will reach to the top people in Washington who can deliver the change we so badly need.

May Day Events!

2011-04-30T18:32:00.000-07:00

If you are free in Los Angeles or San Francisco tomorrow, on May Day, please join the events! You can find out more here:

May Day marches in San Fran https://www.facebook.com/event.php?eid=177849612264423, contact chris@out4immigration.org; and LA https://www.facebook.com/event.php?eid=204106929612324, contact doug@out4immigration.org; or simply go to these links for more info. May Day marches and rallies are a great way to connect with the larger immigrant community and make strong allies.

The San Francisco contingent will be meeting in the vicinity of 24th and Mission, in San Francisco, between 11:30AM and noon, when the march starts. In downtown LA the event is at Olympic/Broadway and starts at 10AM. Come out and join us if you can!

Chase and Rene's Story: A Beginning, a Middle but Still Waiting for a Future

2011-04-30T10:37:00.000-07:00

by Chase Jonathan Kulback

The Beginning
August 19, 2009 is the first day I met Rene, my life partner. I met him at a picnic for international students at the University of New Mexico. I will never forget being introduced to “Rene from Austria”, who is very tall, standing at 6' 7"; I was instantly attracted to him and had a feeling that we would become very close. Over the next month we became best friends and then soon after, we were boyfriends in a loving and committed relationship. Over the next four months we were together every day. It was really convenient because he was studying business just as I was so we were always studying in the same library together if not at one another’s house.

[Photo: Chase at the left, with the very tall Rene from Austria.]

The four months we spent together were the best days of our lives. Until a few weeks before he left we never thought about the distance because we thought it would not be an issue. Little did we know that due to the inequality in the United States I would never be allowed to sponsor him as my partner which would allow him to live here with me in my country.

The Day of Realization
December 23, 2009 was one of the worst days of my life; it was the day when Rene was forced to leave to go back to his country. It broke both of our hearts that we would have to continue this relationship via phone calls and Skype chats. This was the day I knew that I could not and would not ever live without Rene in my life and this feeling was mutual.

Love Separated by an Ocean
During the next five months Rene and I grew closer and closer even though we were not physically together. We talked everyday via Skype video chats. It was definitely a very difficult time but we both love each other so much and knew that our love could and would conquer every obstacle that would come our way. We just did not know how hard it was going to be. During this five-month period Rene was finishing up his last semester of his undergrad while I still had a semester left to complete my undergrad. While he was finishing up he was applying for jobs everyday in the States. By the end of the summer he had applied for over 100 jobs without any inquiry or request for interview.

I was able to work 30 hours a week while attending college to save money to enable me to fly to Austria for the summer. On May 28th I flew to Austria to see my angel. The next 3 months were amazing. We spent all our time together traveling all over Austria with a trip to Italy as well. Rene wanted me to see his country and get the feel of the culture in Austria; I definitely got the feel of the culture and loved every bit of it. I love Austria so much and Rene's family was so accepting and loving; after knowing me only for the time I was there they told me that I was part of their family and his parents called me their son. Unfortunately, the trip went by so fast and before I knew it I was getting on a plane to come back to the States to finish up my degree.

Again, leaving Rene was a horrible experience. I thought since I had done it once before it might be a little easier but it was worse. I was a mess the entire 9-hour flight back to the States.

Back in the States our Skype'ing schedule picked up where it left off. I was not as upset because I knew that as soon as I graduated in December 2010 I would be on the first plane to Austria. About a month before my scheduled departure was the date of Rene and I’s anniversary. It was extremely difficult to spend our first anniversary separated but we Skype'd and made the best of it. Before I knew it December 28, was here and I was boarding my plane with one thing in mind: “I can’t wait to start my life with my angel.” I went to Austria with the intentions of staying there. I applied for over 150 positions without getting one interview. There was a big obstacle that hindered me from being hired and it was that I was not fluent in German. I was able to take a German course my last semester in college and also an intensive course while I was in Austria but my skills were not what they should be. On top of the language barrier the job economy in Austria was horrible; worse than the States.

After two months of being in Austria I started to realize that I was most likely going to have to go back to the States. As much as the idea made me sick, I had to start thinking about that as a possibility. The three months I spent while in Austria the second time was even better than the first. We were more in love than ever before and were desperate to find a way to stay together but we were running out of time and options. On March 25, I was forced to go back to the States because I was unable to find employment while in Austria. This was the most horrible experience Rene and I have ever endured, having to be separated and not knowing when we would see each other again. My money had run out and I had to come back to the States and find a job. Once I found a job I would only have two weeks a year to visit him while he would have five. Seven weeks out of the year we would be together; that is not anywhere near enough and the thought killed us both. Since I have been back in the States I have been searching for a job here and continuing my search in Austria as well. I am going to continue to learn German and hope that I will continue to progress increasing my marketability.

The Future?
Our plan for the future is to wait and see if he might be able to employ me at his company within the next year. If this is not a possibility than he will start applying in the States again with hope that his newly gained experience at his position will increase his chances of getting hired here. If this still is not enough I am going to attempt to continue my education and get my masters in Austria. During all this we are hoping there will be a change in US immigration law, or DOMA will be repealed. But we cannot wait on the government forever; we love each other more than anything in the world and will do everything in our power to be together. Every day that passes and we are separated is another day of heartache we must endure. I hope that this country will realize what it is doing to people by keeping DOMA in action. There are so many people whose lives are being ripped apart because of this out of date unconstitutional act. The pain Rene and I go through on a daily basis will never get better until we are allowed to be together.

Another Side of Our Stories: A US Navy Veteran Speaks Out

2011-04-30T10:05:00.000-07:00

by Robert S.*

I am a US Navy Veteran, having served my country in the Submarine Service during the Vietnam era. I was married for thirty seven years, and I have two daughters by that marriage. I am a professional, and I have started, and run two successful corporations. I am now divorced and retired. I have also run for public office several times in California, but never elected. I am a Libertarian.

About a year ago, I sought the companionship of a man from the Philippines who identifies as a woman. She is honest, professional, and very warm and friendly. Over time, this is relationship has grown. I have visited the Philippines three times and we have fallen in love. We want to live our lives together in my country, the United States, .but in an attempt to get my partner to the USA, we have applied for a tourist visa, and were promptly denied. In an effort to gain my partner a visa, we have since purchased a small piece of land in a northern province on which we intend to build a modest house. My partner has also since traveled to various Asian countries to get as many passport stamps as possible... something I found that is a basic necessity to get a tourist visa. So, with a job as a school-teacher, money in the bank, health insurance, travel experience, land, and a small house... it is possible (maybe) for my partner to ultimately get a tourist visa, but not very likely. We communicate daily via computer. It is heartbreaking.

My close friends have been totally supportive. That was a real help for me, as I really didn't know how they would react. My Navy buddies understand completely, and are a tremendous emotional boost.

I have sufficient income and savings to easily sustain us both in the United States, where we intend to settle in Florida. I have written to my congressman, and senator to try and gain some favor in getting the Uniting American Families Act passed. I still can't believe that my country would go out of its way to pass the Defense of Marriage Act... a horrible piece of legislation specifically targeting couple from being equal.

A better name for DOMA would be the "Denial of Homosexual Marriage Law". The law is in no way a promotion or defense of marriage. In fact, it specifically denies people who want to be married the right to do so solely because of their sexual orientation. This is a law that prevents marriages rather than preserving them.

As time goes on and my partner and I continue to be separated by these unjust laws, I contemplate the painful decision of leaving the country I proudly served to be with the person I love. I can only dream of the day when my rights are as equal as those of everybody else. As a white male, who previously identified as heterosexual, I now emmpathize with those who went down the road before me... the Irish, Blacks, Jews, Asians, Catholics, and anybody else who has been shunned by our society. I was told that if gays were allowed to marry, they would attack traditional marriages. All I can ask is, "What planet did you come from?"

It's time to get with the program. The whole idea that my country has turned against me makes me sick... especially after I offered my life for my country in countless thousands of hours of harrowing and dangerous scenarios for what amounted to a very small amount of compensation.

My story is different from many of those I’ve read about same-sex binational couples, but it is not unique. The bottom line is that I have found the person I want to share the rest of my life with and I want to share my life with this person in my country. No American should be denied this basic right.

*Note: Robert is not this person's real name. He has asked to remain anonymous. Still, his story is very powerful and we encourage you to tell yours. Whether you are comfortable publishing your names and photos or would prefer to remain anonymous, Out4Immigration respects all requests. Our stories are our most powerful tools to getting the law changed. Tell us yours. Email info@out4immigration.org.

Protesting the President

2011-04-27T19:51:00.000-07:00

Last week, Out4Immigration collaborated with GetEQUAL and Marriage Equality USA (MEUSA) on our first effort to lead a protest in front of the Nob Hill Masonic Center in San Francsico, where President Obama was holding a fundraiser for his 2012 Presidential Campaign.

The event was pulled together within a week with Heather Cronk & Dennis Veite of Get EQUAL and Erik Schnabel of Out4Immigration. We had no expectations of how big or how small the turnout might be but we felt that with the recent roller coaster ride that the Obama administration put us through (see previous posts about USCIS abeyance policy), it was time to step up and remind the President of his campaign promises and that our families are still being torn apart due to the unfair immigration laws and unfair treatment under federal laws.

As with all events that involve the President or any Congressional representatives, there is always the small chance that the event might be rescheduled or canceled. And after a week of careful planning, that is exactly what happened. We got word on the morning of our protest that the President’s schedule had changed and he would not arrive at the Masonic until 8:30pm (an hour and half later than planned). We did our best to notify everyone through Facebook and press release that the time of our action had changed. This is not easy, since we’re an all grassroots group of volunteers, but we got the message out and people helped us spread the word.

Dennis, Erik and myself were outside Grace Cathedral, just opposite from the Masonic Center at around 6pm. We were located between ANSWER and Code Pink. We had our banners out in front of the barricades with the tagline “Stop Deporting Our Partners!” and were gathered there waiting for more people to show up.

Stephen Zollman was one of the first people to show up. He came wearing an Out4Immigration t-shirt. He had two tickets to the event and asked if one of us would like to go inside. We agreed Dennis should go – Stephen would wear the O4I shirt and Dennis would bring a sign that said "Equality Rights for All". We weren’t sure they’d get in with the t-shirt and the sign but they were going to try.

Around 7pm, Ms C (she prefers not to be identified) showed up in an orange jumpsuit with 2 signs that says “My crime is LOVE” and “My spouse is A-BROAD”. She was followed by Dave, who is separated from his partner who is unable to get a visa to come into this country. Dave also brought a sign that says “Support UAFA!” A few others soon joined us as well.

The signs, our t-shirts and the banner attracted a lot of attention from other groups and onlookers. There were a lot of people who took photographs of the signs with some asking for more information. While waiting for more people to arrive, we used the time to get to know each other more and share our stories.

ANSWER, the anti-war group that had the biggest contingent there set up a sound system and had a group of speakers ready to speak about their issues and their causes. At the end of that group of speakers, they started to reach out to the other organizations and approached us. Just as I walked up to the microphone and spoke, Obama's motorcade arrived and stopped in front of Masonic Center.

I used the opportunity as the final speaker to speak about why we were there. We were there because it was time for President Obama to act. We need him to demand that Congress finally pass the United American Families Act! We need him to urge Secretary Napolitano to reverse the policy of abeyance so that families facing deportation will not be deported and green card applications will not be denied since his administration has decided that Section 3 of DOMA is unconstitutional! We also need him to pass Comprehensive Immigration Reform that includes LGBT Families! We need him to do this because families are needlessly torn apart and broken up and we need action now.

I hope President Obama as he headed into the auditorium heard what I said. I hope that as his motorcade drove past us, he saw the banner that said "Stop Deporting Our Partners!" and I hope he takes action now.

This was a good first effort by us and we are grateful for the support of GetEQUAL and MEUSA –we could not have done this without them. Both groups are willing to work with us again, so if you would like to help us be part of more actions like this in the future, please let us know by sending an email to info@out4immigration.org.

LGBT and Immigrant Leaders Join Congressman Gutierrez to Demand the President to Stop Deportations

2011-04-26T15:12:00.001-07:00

Out4Immigration urges all members in the San Francisco Bay Area to come to San Francisco City Hall tomorrow (Wednesday, April 27) at 1 pm for a press conference with Rep. Luis Gutierrez (D-IL).

The press conference will take place on the steps of City Hall, where Rep. Gutierrez will be joined by members of the local LGBT community, immigrant rights' leaders and elected officials to demand that President Obama and the government departments with the powers to enact immediate change come forward and stop deportations that are tearing immigrant families apart.

Same-sex binational couples know all too well the gratuitous cruelty we face at the hands of the United States Citizen and Immigration Services (USCIS), who refuse to recognize our relationships - whether they are legal marriages, civil unions or domestic partnerships. Other families face similar issues that can cause a loved one to be deported, or prolonged separations. DREAM Activists and supporters of Rep. Mike Honda's Reuniting Families Act (RFA) will be in attendance, too.

Rep. Gutierrez is on a 21-city tour to call for an end to these deportations and Comprehensive Immigration Reform.

Special thanks to Erik Schnabel, Out4Immigration's community outreach coordinator for arranging our participation in this historic event.

Congressman Rush Holt: Stop the DOMA Deportation of Henry Velandia, Save Henry & Josh's Marriage

2011-04-25T14:15:00.000-07:00

Congressman Rush Holt (D-NJ) was one of the first Congressional representatives to write a letter to Secretary Janet Naplitano and the USCIS urging them to stop the deportations of same-sex binational couples until the issue of DOMA is settled.

Congressman Holt is also a co-sponsor of the bill, Uniting American Families Act in the House.

We want to thank him for his support for equal immigration rights for same-sex binational couples. When talking to your Representative about UAFA, tell them about Rep. Rush Holt. In fact, refer them to this link.

Congressman Rush Holt: Stop the DOMA Deportation of Henry Velandia, Save Henry & Josh's Marriage from StopTheDeportations-DOMA Project on Vimeo.

Nadler: End LGBT Discrimination in Immigration Law

2011-04-21T10:56:00.000-07:00

Thomas Roberts of MSNBC interviewed Rep Jerry Nadler about the Uniting American Families Act (UAFA) and Rep Nadler responded to some of the arguments opponents made with regards to supporting the bill.

We want to thank Rep Nadler for continuing to fight for our rights to sponsor our spouse / partner for a green card - something that heterosexual couples already enjoy. Don't hesitate to give his office a call to say thank you, too.

And if you have not yet signed our petitions on change.org, please head on over to http://change.org/out4immigration and sign them today!

MSNBC: Immigration Inequality Sends Salon's Glenn Greenwald to Brazil!

2011-04-20T13:29:00.000-07:00

H/T to Towleroad.com

MSNBC's Thomas Roberts continues his coverage of the need for immigration legislation and the Uniting American Families Act with an interview with Salon's Glenn Greenwald, who was forced to go live in Brazil because he can't live in the U.S. with his partner.

Grassroots Actions for Same-Sex Binationals this Week

2011-04-18T14:56:00.000-07:00

Out4Immigration needs you to take part in a variety of grassroots actions - most of which you can do from your laptop.

Our biggest action this week, however, does require you to come out and join us in San Francisco from 4pm - 6pm this Wednesday, April 20. President Obama is coming to town and Out4Immigration, GetEQUAL and Marriage Equality USA (MESUA) will be out in force to stop asking, and start demanding that the US government start recognizing same-sex binational couples for immigration purposes and stop deporting our partners.

Where: Nob Hill Masonic Center, 1111 California St. (btwn Jones and Taylor), SF
When: Wednesday, April 20, 4pm-6pm
What to Bring: Wear your O4I t-shirts if you have one (if not, you can contact amos@out4immigration.org to request one -- we ask for $10 donation); bring signs that have a direct ask for President Obama. He can't pass UAFA or repeal DOMA, but he can stop deporting our partners and he can speak out on DOMA's unconstitutionality.
RSVP on Facebook!

If this action is successful, we will begin trying to stage more around the country. So, if you are in the Bay Area, please come out. If you live elsewhere, please spread the word.

We have some other important grassroots actions that need your attention.

1) A strong ally of ours, DREAM Activist Prerna Lal is facing removal proceedings. Prerna has an amazing story. She has helped us, and now she needs our support. Read Prerna's story, sign the petition and circulate.

2) On May 6, Henry Velandia and Josh Vandiver, a legally married same-sex binational couple, face the horrors of being permanently separated when Henry appears for a deportation decision in federal court. We've got to stop the deportation of Henry Velandia and you can start by signing and circulating this petition.

3) Speak out in general on the forced separations and deportations of same-sex binational couples by telling the United States Citizen and Immigration Services, Department of Homeland Security and President Obama to stop separating loving and committed couples. Sign and circulate.

4) Last week the Uniting American Families Act (UAFA) was re-introduced in Congress with record support. We need all of the original co-sponsors from the last session back on board. Sign and circulate this petition. UAFA is a part of the strategy to pressure our government at every branch. It spells out the problem and offers a solution. If lawmakers don't think it will pass in this Congress, they can certainly use its significant support to leverage our other judicial and administrative strategies.

MSNBC: Same-Sex Couples Fight for Immigration Rights!

2011-04-18T10:54:00.000-07:00

Judy Rickard and Karin Bogliolo were interviewed by Thomas Robert at MSNBC this morning to talk about the reintroduction of the Uniting American Families Act (UAFA) last week.

During the interview, the couple disclosed that they have recently traveled to Vermont to get married! We just want to say thank you to this fearless couple, who are always willing to speak out at any opportunity about the struggles faced by same-sex binational couples trying to stay together in this country! You can watch the video of their interview below.

Visit msnbc.com for breaking news, world news, and news about the economy

We would also urge you to head on to change.org after you have finished watching the interview to join our weekly petition to try to get more support for EQUAL immigration rights for same sex binational couples. The link to the petition is here: http://tinyurl.change.org/KmsTQ

If you are interested in reading / buying Judy's book, Torn Apart - United by Love, Divided by Law, head on to findhornpress.com to buy a copy. If you use the code, OUT416, when you check out at findhornpress, a $4 donation will be earmarked for Out4Immigration.

What is life like when you are in a same-sex binational relationship...just one story of many

2011-04-17T16:19:00.000-07:00

by Cozie Way

Most people probably haven’t thought about what it is like for those in same-sex binational relationship. Most people probably don’t think about immigration laws when it comes to same-sex relationships either. I know I hadn’t until I was in a same-sex binational relationship.

When I started my relationship with my partner I had no idea of the difficulties we would face in order to have our lives together. Looking back at the past four years together I am amazed at what we have accomplished in order to establish and maintain a dedicated relationship but it is the day to day life together that we both aspire for.

A life together is all we have ever wanted and America has not made that easy for us at all. Now I know all relationships have challenges, but imagine for a moment when your country goes beyond just voicing its outrage over the fact that you are in a same sex relationship, but where it goes even further to deny you the right to be together in the same country.

American law denies me the right to sponsor her for immigration purposes and since she has no blood relative to sponsor her and work visas are extremely difficult to obtain we are forced to live apart. We are forced to live thousands of miles away from each other separated for great lengths of time by a continent and the Atlantic Ocean. We are forced to have our lives on hold. As an American citizen I am denied my pursuit of happiness all because of who I love.

So what is it like to be in this type of relationship...well I can only speak for myself as it is probably different for each couple. For me I am filled with every extreme emotion possible. When we do get a chance to be together it is the best of times but when she has to return back to her country life alters into becoming the worst of times. When we are reunited it is difficult to keep focus on the moment as both of us know that time is limited and one cannot refrain from being conscience of time as the minutes and days fly by and we will have to once again say our goodbyes. Once those goodbyes are said and done, life does go on but the emptiness is overwhelming. I often wonder why others at the airport are not crying. Aren’t they saying goodbye to someone. They probably are but to someone who can easily return back.

The emptiness is filled with immense sadness and anger. The sadness and anger increases when I realize that the hardship and emotional strain placed on me by my government could easily be solved. Since DOMA is still in effect, marrying my partner would not change our situation but if Congress passed the Uniting American Families Act, the language in US immigration law would be changed to include same sex partners granting us the right to sponsor our foreign born partner. By the addition to US immigration law of a few little words I could be with my partner right now instead of being thousands of miles apart.

As I mentioned earlier life goes on but this is where I ask the reader to take a moment and step into my shoes. Imagine missing out on the everyday events that you enjoy with the one you love. Imagine a sunny day where you would just like to take a walk in the park with them or a Friday night where you would like to go see the latest blockbuster movie. These simple things might not seem like much and are probably things a great many people take for granted. When you only get to see your partner, if you’re lucky, a few weeks out of the year, these simple events mean everything. And what about the bad times we all go through? I had two major surgeries over the past few months and not having her here with me added so much difficulties in my recovery that there were times I just didn’t have the strength to get out of bed.

If I could paint a picture of how I feel even as I write this it would be a canvass of nothing but black paint representing a dark void overflowing with chaos because that is what life is right now. I look around my house and I know she is not here but I see so many things that remind me of the great times we have spent together but at the end of the day I am here alone and only because my government has discriminated against my relationship. So what does one do? Do you leave your country that you have lived in your whole life, the country that proudly boasts about being the land of the free? How do you overcome the feeling that your country has turned its back on you? How do you face another day without the one person who brings you the kind of happiness you always imagined existed and waited your whole life to find? Do you cry or do you scream out or perhaps both?

These are all questions I have had to ask myself since my government has turned its back on me. I hope that one day I will be able to live in America with my partner and that my country is one where equality is no longer just an aspiration but a reality but until then we remain apart and my days and nights continue to be filled with grief.

Note: Cozie Way is not her real name, but her story was so compelling, we needed to reprint it [it was originally on a private blog]. Out4Immigration urges you to tell your story. If you would like to be make your story available to the media, please complete the form at this link.

Pass the UAFA--Petition 1--Contact Congress

2011-04-17T01:58:00.000-07:00

Posted for Out4Immigration by Chris Barnett

Link to Change.org petition: http://tinyurl.com/42nvcrf

Out4Immigration (O4I) is an all grassroots organization. Because of DOMA (The Defense of Marriage Act), Americans in same-gender relationships with foreign partners have no right to sponsor those partners for legal residency in the US. In O4I’s ongoing efforts to change this condition, this is our first petition of the 112th Congress asking Representatives and Senators to support equal immigration rights for Same-Sex Binational couples by becoming cosponsors of the Uniting American Families Act (or UAFA, House Bill 1537 and Senate Bill 821).

While we badly need comprehensive immigration reform in the US, and this has historically been the vehicle through which we’ve expected UAFA to pass, we have also seen an acknowledgment at last on the Federal level that our families are facing injustice. In February of this year, following federal court rulings that Section 3 of DOMA is unconstitutional, President Obama announced that the Justice Department would no longer defend that law in court. As a result, for an all-too brief period at the end of March, the US Customs and Immigration Service put in abeyance deportation cases of foreign, same-sex partners of Americans. While the legal guidance supported continued enforcement of DOMA, this brief acknowledgment that DOMA discriminates represents a major turning point in the quest to right this wrong. It is time to demand that equal protection extend to our families—and all families--in all matters related to immigration!

In the 111th Congress we had a record 161 cosponsors for this bill, though it never made it out of committee. While there is still much work to do, we are deeply grateful to the 119 Senators and Representatives who signed on at the bill’s reintroduction on April14. It is progress that this initial co-sponsorship is far higher than in any previous Congress where the bill has been introduced.

The President, as well as Secretary Napolitano of the Department of Homeland Security, will be named on every single petition we mount in this campaign. Additionally, we start our efforts this week targeting the four senators who have been past co-sponsors but have not yet signed on. By signing and promoting this petition, you will help us get them back on board (and Change.org also sends letters automatically to your own Congressional Representative and Senators by default)!

We encourage you to take part in this campaign by using any of these options:

(1) The easiest one. By clicking through and adding your name to this page, you will send ALL six of the letters AT ONCE. You can also provide the link to your friends and family to take action too, as well as promote on Facebook, Twitter, or other social media sites you may use;

http://tinyurl.com/42nvcrf

(2) Contact the 4 senators here with your own letter, your own story; or

(3) Create a booklet telling your story. See http://tinyurl.com/o4i-toolkit1 for more info on this option.

(4) Look for past petitions on our page at change.org/out4immigration and sign those petitions too.

Additionally, don’t hesitate to call our recent cosponsors and thank them for their support. Let’s hit our target of 1000 signers this week. Please share this widely, and thank you for taking action!!!

You can visit Out4Immigration here, through its Yahoo Group, or on Facebook, as well as follow O4I on Twitter, as well as visiting our blog—and if you know someone in a bi-national same-sex relationship, please encourage them to speak up and get involved. The time for justice on this issue is now, so please sign and promote if you can!

And then the letter--

Please sign on again as a cosponsor of the Uniting American Families Act

Dear Mr. President, Dear Madam Secretary, Dear Senators,

I am writing to ask that you please support or sign on as a co-sponsor of the Uniting American Families Act (UAFA), HR1537 and S821, sponsored in the House by Rep. Jerrold Nadler and in the Senate by Sen. Patrick Leahy. You have been a co-sponsor of the bill in the past; we need your endorsement again.

I support Out4Immigration, an organization that works for the right of LGBT Americans in loving and committed relationships to sponsor their foreign partners for legal residency in the US. As you may be aware, same-sex binational couples are subjected to gratuitous cruelty under current US immigration laws and are often forced to make heartbreaking decisions to maintain their relationships. Some couples go “off the grid” with an undocumented partner, living in daily fear of the horrific possibility that their lives can be ripped apart at any moment when the undocumented partner is discovered and deported. Other couples are forced into exile, leaving the United States to be with the person they love. Often these American citizens are forced to abandon careers they have worked a lifetime to build. Many times these citizens leave behind aging parents and/or young adult children who rely on them and suffer immensely from their loss. Always, all leave behind communities - and in a greater sense, a country - that has benefited from their ongoing and active participation. No matter the scenario, everyone loses.

The federal government is obviously aware of this discrimination. The US Customs and Immigration Service (USCIS) recently sought legal guidance as to how to proceed with deporting immigrants in same-sex bi-national relationships in light of the Administration’s decision to no longer support section 3 of DOMA. It is time that America’s LGBT citizens finally be granted the same immigration rights and privileges afforded their heterosexual brothers and sisters. UAFA simply seeks to provide LGBT citizens and permanent residents the right to sponsor their partners for immigration. The legislation includes the same process and penalties as applied in heterosexual sponsorship applications. Same-sex couples are forced to meet the same burden of proof validating their relationships as heterosexual couples. By co-sponsoring UAFA again, you are reaffirming your commitment to equality for every American and confirming your belief that no American citizen should be forced to choose between the country they love and the person they love. We look forward to seeing your name back among the co-sponsors of UAFA. Many people are depending on your support and endorsement of this critically important issue.

Respectfully,

[Your name]

Looking for couples who are willing to tell their stories

2011-04-15T13:21:00.000-07:00

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Uniting American Families Act Reintroduced with Record Support

2011-04-14T14:00:00.000-07:00

Media Contacts:
Amos Lim, Out4Immigration, 415-608-5526, amos@out4immigration.org
Kathy Drasky, Out4Immigration, 415-606-2085, kathy@out4immigration.org

Legislation and Letter from Congress Increases Demand for Protection of Same-Sex Binational Couples, Families from Discriminatory Immigration Law

Washington, DC — April 14, 2011 — The Uniting American Families Act (UAFA) was reintroduced in the House and Senate today by long-time equal rights advocates Rep. Jerrold Nadler (D-NY-8) and Sen. Patrick Leahy (D-VT). The legislation is backed by 98 co-sponsors in the House and 18 in the Senate, a record for the bill on reintroduction. It has been introduced in every session of Congress since 2000.
The bill would add three words to existing US immigration law – “or permanent partner” – wherever the word spouse appears, facilitating the need for LGBT Americans to obtain green cards for their partners while they wait for repeal of the Defense of Marriage Act (DOMA).

“Thousands of committed same-sex couples are needlessly suffering because of unequal treatment under our immigration laws, and this is an outrage,” said Nadler. “Our Constitution guarantees that no class of people will be singled out for differential treatment — and LGBT Americans should not and must not be excluded from that guarantee.”

Adding a one-two punch to UAFA’s reintroduction is a letter from Rep. Zoe Lofgren (D-CA-16), the ranking Democrat on the House Subcommittee on Immigration Policy and Enforcement, calling on the Department of Homeland Security (DHS) and the Department of Justice to stop denying LGBT green card applications and stop separating LGBT binational families. The letter was signed by 48 House members and adds weight to a similar letter sent last week by Sen. John Kerry (D-MA) and 11 of his colleagues requesting the same immediate remedy to what Rep. Nadler has repeatedly called “gratuitous cruelty.”

UAFA comes into the 112th Congress under a much different landscape than previous introductions of the bill. While Democrats no longer control the House and hold a slimmer majority in the Senate, support for same-sex binationals has grown since President Obama’s directive on February 23 that the federal government stop defending Section 3 of DOMA on the basis that the law – which prohibits federal recognition of same-sex marriages – is unconstitutional.

No group is harder hit by DOMA than same-sex binational couples and their families, many who have been forced into exile or literally torn apart by immigration law that adheres to the DOMA decree that marriage is defined as “one man and one woman.” As a result, these couples, regardless of legal marriages, civil unions or domestic partnerships are treated as “legal strangers”.

Efforts to slow down individual deportation proceedings targeting the foreign partner in these relationships have achieved some successes of late by delaying deportations on a case by case basis, in part due to the Obama administration determination that DOMA is unconstitutional. This administration's new DOMA position caused a major uproar last month when the United States Citizen and Immigration Services (USCIS) seemed to suggest that it would hold green card applications filed by same-sex couples in abeyance until DOMA was repealed or struck down as unconstitutional by the Supreme Court. Although USCIS reversed this decision within 36 hours, advocates for same-sex binational couples, like Out4Immigration, are petitioning USCIS, DHS, DOJ and the White House to restore the abeyance policy and implement a moratorium on deportations, urging an administrative fix until judicial and legislative actions can occur.

With advocacy engines now firing on all three branches of government – relief in some form for the heartbreak and injustice an estimated 36,000 same-sex binationals and their families incur has never seemed more possible. Out4Immigration urges more couples to come forward and tell their stories to continue to build and sustain the momentum. The all-volunteer, grassroots group can be contacted at info@out4immigration.org.

# # #
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For more information:
Uniting American Families Act Reintroduced in Congress: http:www.thetaskforce.org/press/releases/pr_uafa_041411
Gay Immigration Battle Heats Up: http://www.advocate.com/News/Daily_News/2011/04/14/Gay_Immigration_Battle_Heats_Up/
Dear USCIS: Don’t Go Back to Denying Green Cards to Loving, Same-Sex Couples: http://www.change.org/petitions/dear-uscis-dont-go-back-to-denying-green-cards-to-loving-same-sex-couples#?opt_new=t&opt_fb=t
Senators Kerry, Leahy, 10 Others Ask DOJ, DHS to Hold Same-Sex Binational Couples’ Immigration Petitions: http://www.metroweekly.com/poliglot/2011/04/senators-kerry-leahy-10-others.html
Gay Immigrant Couples’ Future Remains Uncertain after Judge Postpones Deportation Hearing: http://news.feetintwoworlds.org/2011/04/04/future-for-gay-immigrant-couple-remains-uncertain-following-judges-postponement-of-deportation-hearing/

UAFA Tomorrow: Grassroots Actions You Can Take Today

2011-04-13T09:51:00.000-07:00

On April 14, Rep. Jerrold Nadler and Sen. Patrick Leahy will reintroduce the Uniting American Families Act (UAFA) in the 112th Congress.

Last time around (2009-2010), UAFA had a record 161 co-sponsors in the House and Senate and received a hearing by the Senate Judicial Committee. While there is lots of talk that it will be difficult to get that many to sign on this time, Out4Immigration thinks differently. The game has changed significantly since the end of the 111th Congress. On February 23, 2011, President Obama signaled that the US government should stop defending the Defense of Marriage Act (DOMA) in court. This has opened a new, three-pronged strategy for same-sex binational couples to get the green cards we need to keep our families together in the US aimed at all three branches of government: executive, judicial and legislative.

Tomorrow UAFA joins the Respect for Marriage Act (RFMA) as two legislative paths to end our struggle for equal immigration rights for same-sex binationals.

Here's what you can do today to make sure UAFA is the number one story in the news this week:

1) Call your Representatives and urge them to be on the right side of history. Support UAFA. Phone numbers and a simple call script are here: http://immigrationequalityactionfund.org/blog/we_need_your_help_right_now/

2) Sign onto HRC's letter to Congress urging support of UAFA: https://secure3.convio.net/hrc/site/Advocacy?cmd=display&page=UserAction&id=1089 (Sign it and circulate it via Facebook and Twitter).

3) Post a link to the Out4Immigration/Change.org petition to President Obama, the Department of Homeland Security and United States Citizen and Immigration Services (USCIS) that demands the Obama Administration and these agencies stop deporting our partners until we can amend the laws that stand in our way: http://www.change.org/petitions/dear-uscis-dont-go-back-to-denying-green-cards-to-loving-same-sex-couples#?opt_new=t&opt_fb=t

4) If you are a same-sex binational couple and have a blog, or know anyone in the media (from blogging to national network news), contact them and tell them your story. Direct them to Out4Immigration's website for additional information. You can also call your local newspaper or write a Letter to the Editor or an Op-Ed. If you are a US citizen stand up and demand your right to stay in this country with the person you love!

5) In the DC area? Join GetEQUAL at Capitol Hill at 1pm, this Thursday, April 14. Rep. Jerrold Nadler will reintroduce UAFA and you can be on hand to make your voice heard. Gather at the House Triangle (on the southeast side of the U.S. Capitol, accessible via Independence Avenue.) Bring your signs, families and friends.

BREAKING: Sign the Petition to Demand USCIS, DHS, the White House Do Something to Stop Deporting Our Partners

2011-04-05T12:13:00.000-07:00

Out4Immigration is demanding the United States Citizenship and Immigration Services, Department of Homeland Security and the White House put the cases of same-sex binational couples facing deportation on hold until DOMA - which is forcing loving couples apart - can be resolved.

Add your name to this important petition now:

Dear USCIS: Don't Go Back to Denying Green Cards to Loving, Same-Sex Couples

BREAKING NEWS
Since President Obama and the Department of Justice issued their directive to stop defending the Defense of Marriage Act (DOMA) in court on February 23, same-sex binational couples have experienced a high-intensity roller coaster ride of federal http://www.blogger.com/img/blank.gifagencies temporarily granting - then rescinding - small, yet humane steps toward keeping our families together. One day we hear good news like this:

U.S. Citizenship and Immigration Services Asks Field Offices to Put Bi-National Immigration Cases on Hold

But the next day, we are told this:

DOJ to Married Green Card Applicants: DOMA Still Applies

Tell these federal agencies and the White House to stop playing politics with same-sex binational couples. The rights of lesbian, gay, bisexual and transgender American citizens with foreign partners have been denied too long. At Out4Immigration, we have seen countless numbers of our friends and volunteers be forced into exile or be torn apart. Can you sign and circulate this petition to build support against unjust immigration laws and DOMA - the two obstacles that go hand-in-hand in keeping loving, same-sex binational couples from living together in the United States?

Dear USCIS: Don't Go Back to Denying Green Cards to Loving, Same-Sex Couples

*******

Out4Immigration is committed to seeing the day when married same-sex binational couples can apply for green cards, just like opposite-sex binational couples do. We will continue to push at any angle to see an end to what Rep. Jerrold Nadler continually calls this "gratuitous cruelty" of denying green cards to loving, http://www.blogger.com/img/blank.gifsame-sex couples.

For the first time we now have options to accomplish this at all three branches of government. Judicially, with the Obama directive to stop defending DOMA; legislatively with bills like the Respect for Marriage Act to repeal DOMA and the soon to be reintroduced Uniting American Families Act (UAFA); and on an executive basis with administrative fixes to the law like we saw [temporarily] last week.

*******

JOIN US!
Join Out4Immigration on the web through our Yahoo! Groups list (visit our website homepage and scroll to the bottom of the page, click on the Yahoo! icon and follow the instructions) and keep up with our daily conversation on equal immigration rights. You can also join us on Facebook or follow us on Twitter.

THANKS TO ALL OUR VOLUNTEERS!
Out4Immigration is an all-volunteer, grassroots group. Everything we do comes from people volunteering their personal time - to build coalitions with their communities, to get resolutions and letters in support of UAFA, to speak at conferences and rallies, to staff booths at events, to organize events and march in parades. Thank you all for stepping up. It is your commitment to this cause that will ultimately end discrimination in US immigration law.

USCIS: Allow Love, and Say Yes to Keeping Our Families in the US

2011-03-31T09:17:00.000-07:00

by Chris Barnett, cross-posted from Daily Kos

This posting is dedicated to Gina, who is soon exiling herself from her home on the West Coast to be with her partner in the UK. We should be ashamed to let ourselves lose this good citizen as she does what she must for herself, and for love.

For Americans in same-gender relationships with non-US citizens (or binationals as we refer to ourselves), the fight to try and secure the right to sponsor our partners for legal residency so that they can be with us in the US has been a long, and often dispiriting one. So it is not surprising that our community has been thrown into a tumult with word this week that the United States Customs and Immigration Service (USCIS) was considering the possible changes as to how our families are treated under the law, following the Administration's recent change in stance re: DOMA.

From Jennifer Vanasco at 365gay.com just two days ago:

Newsweek/The Daily Beast has learned that the heads of two USCIS [U.S. Bureau of Citizenship and Immigration Services] districts, Washington, D.C. and Baltimore, informed attorneys from the advocacy group American Immigration Lawyers Association that cases in their districts involving married gay and lesbian couples would be put on hold. The news could have far-reaching effects.

Questions have been swirling because of course no one knows exactly what this meant, and in fact what seemed like potential for reprieve quickly went into backpedal mode, with emphasis on the fact that the abeyance would likely only endure short-term, as USCIS considered implications of the Administration's stance and what that might mean for changes in policy. Yesterday, we found out that USCIS press secretary Christopher S. Bentley was stating:

“The cases were held while we were waiting for legal guidance. There’s no need to hold the cases any longer.”

Essentially, what we hoped would be an end to our partners being deported, seems like a crumb tossed out instead, and cruelly so. With the abeyance now lifted, the best binational couples can now hope for--especially those facing deportation proceedings--is case-by-case review. Still, it seems a door has cracked open, and this issue is coming into the public eye with much greater frequency and to a much greater degree than ever before. This is, I guess, a good thing--yet even so, Mr. Bentley states a falsehood, that there is no need to hold the cases any longer. The denial of the right of LGBT Americans to sponsor their foreign partners has severe consequences not only for the couples involved, but for all who love and count on them. It also inherently diminishes ALL of our families and relationships. In fact, the biased and misguided laws which penalize us for who we love--and by extension all those who love and count on us--are the main reason to hold these cases, in perpetuity!

Currently, Americans in same-gender binational relationships have these choices: leave the country to live in one that acknowledges our families; try to maintain the relationships long distance, which frequently leads to a ban on our partners coming in to the country due to the federal government viewing them as overstay risks; be torn apart and give up the chance for the family we should all be so fortunate to find; or recognize that the law is afoul of our families, and relegate ourselves to the shadows to live with our undocumented partners. This situation must end! No one should have to give up being American in America, and all that means, because of who they love.

Binationals have been working on this issue for years, as well as organizations like Out4Immigration, and others. Much of the focus in this effort has been on the Uniting American Families Act (UAFA), a bill which would open family reunification to LGBT people and their loved ones. Stop the Deportations/The DOMA Project is also a good place to follow day-by-day developments as the terrain continues to shift. While recent developments bring up more questions than answers, what is clearly and quickly emerging is that the time to lobby policy makers only has passed, and we must now also engage those who are as well enforcing the cruel laws that rip apart the lives of citizens.

Those of us who are affected know that the time is past for this cruel implication of DOMA to be relegated to the dustbin of overturned, prejudiced policies. Now, we need help. Out4Immigration is running a petition at Change.org to appeal to the President, Secretary Napolitano, and the USCIS as well as Immigration and Customs Enforcement (ICE) to stop deporting our partners. Will you help?

Promoting the petition doesn't hurt, too! Thanks, everyone!

BREAKING: DHS Signals Quick End to Temporary Abeyance Policy

2011-03-29T16:50:00.000-07:00

Married same-sex binational couples hoping that ALL applications for green cards would be put into abeyance ("on hold") until more firm decisions around DOMA come down will have to wait.

DHS has signaled that each case will need to be reviewed on a case-by-case basis. Like last week's case in New York, where the judge delayed the deportation of an Argentinian woman legally married to an American woman, the judge could rule favorably in such a case.

Or, the judge could order the deportation.

We have LOTS of work to do. Please follow us on Facebook or join our Yahoo Groups list to keep informed and learn of grassroots actions.

Full story at Stop the Deportations: The DOMA Project.

UPDATE: In light of yesterday's decision by USCIS to change their "abeyance" policy again.... here's a petition on change.org to urge them to not revert back to the old policy.

Please sign, share the petition and get more people to sign.

Petitions by Change.org|Start a Petition »

We need you to get the word out and make some noise!

First Steps on Same-Sex Binationals Path to Green Cards

2011-03-28T08:27:00.000-07:00

by Kathy Drasky

Today’s breaking story in Newsweek that two USCIS districts—Washington, DC and Baltimore—have informed attorneys from the American Immigration Lawyers Association (AILA) that cases in their districts involving the green card applications of married gay and lesbian couples would be put on hold is the second major step this year toward green cards for same-sex binationals. (The first step was the February 23 decision by the Obama Administration that Section 3 of DOMA was unconstitutional.) Prior to the DOMA decision, these applications were routinely dismissed and deportations were carried out because DOMA rendered same-sex married couples “legal strangers”.

Combined, these two steps do more to end immigration inequality against same-sex binational couples than everything we’ve worked on since the Permanent Partners Immigration Act (the precursor to the Uniting American Families Act, UAFA) was first introduced in 2000. However, make no mistake that the work that has preceded these two monumental shifts toward ending the gratuitous cruelty that shuts out same-sex married couples from the same rights as opposite-sex married couples has as its bedrock the grassroots advocacy of a handful of groups who have worked to raise awareness in some of the darkest days of the Bush Administration (remember those?) and these first two years of Obama, as well as the unwavering support of Rep. Jerrold Nadler (D-NY) and Sen. Patrick Leahy (D-VT).

What does the USCIS announcement really mean to you if you are a married same-sex binational couple? First, seek the advice of a competent and trusted immigration attorney. And, if you are uncomfortable with the advice you receive, get a second opinion – or even a third. The best place to start is with the law firm Masliah and Soloway, they are the founders of Immigration Equality, have co-authored the original PPIA legislation and now run the Stop the Deportations Project. Lavi Soloway has been the attorney for a number of the couples whose cases have recently been put on hold by immigration judges, who, following President Obama’s order to stop defending DOMA, have decided that they cannot make a ruling against a same-sex binational couple’s green card case without using DOMA to block it. As a result, the decisions in these cases have been delayed.

Second, note the key word here is “delayed”. The optimists among us like to believe DOMA will be gone by the end of the year. Pessimists think it will take 10 years and there will be numerous setbacks along the way. The reality is none of us know how long this will take, but if we look at any civil rights history, once a movement gains momentum, and that momentum becomes relentless, barriers tend to come down faster than expected. And that’s where all of us come in – whether we are a married same-sex binational couple supported by an immigration attorney’s advice to file the I-130, or a couple advised against marrying and/or filing right now, we need to tell our stories at every opportunity.

In the past 10 years it is our stories that have helped us make progress each small step of the way. From individuals who financed their own trips to Washington DC, who visited their representatives in their home offices, who wrote letters and made phone calls – these actions led to the record 161 co-sponsors of UAFA in the last session of Congress, got us a Congressional hearing in front of the Senate Judiciary Committee, led to more than 30 cities and one state (California) sponsoring resolutions supporting same-sex binationals and put us in at least two Comprehensive Immigration Reform bills (with promises of inclusion in others).

It is this work by all of us in the LGBT immigration rights community and our allies in the marriage equality movement that has led to what is happening now.

There are three clear goals now in sight that we all need to work on together:

1) A national policy of abeyance (i.e., putting same-sex binationals’ green card applications on hold until DOMA can be resolved one way or the other). According to Christopher Nugent, who chairs the immigrant-rights committee for the American Bar Association and has testified before the Senate on immigrant benefits and DOMA, the two individual USCIS districts are unlikely to be making the decision to put green card applications from same-sex binationals on hold on their own. He suggests that the shift in practice is a national one because “they can’t do that in two jurisdictions and not do it in other jurisdictions.” How to accomplish: If you are able, seek the advice of an immigration attorney and weigh your options for getting married and if you can get married (or already are married), file the I-130 form (with appropriate legal counsel).

2) Repeal DOMA. More than 50% of Americans support marriage equality. Nearly 70% support gay and lesbian couples having the same rights as heterosexual couples. Keep repeal DOMA in the headlines. Use your social media tools like Facebook to circulate stories and get those on the sidelines to become active supporters.

3) Champion UAFA. The bill that would add three words to current immigration law “or permanent partner” wherever the word “spouse” appears is scheduled to be reintroduced in Congress very soon. With USCIS delaying decisions on green cards due to the fragile state of DOMA as law of the land, the time has never been better than to showcase the justice this bill will deliver to gay and lesbian American citizens with foreign partners.

If you have not joined Out4Immigration yet either via our Yahoo Groups list or Facebook page (or both), please sign up today. Those of you already working with us know that we will bring you the news and the calls to action via these two channels as it happens. Want to be more involved in community outreach, communications or in helping us launch creative ways to get those green cards? Email us at info@out4immigration.org

Kathy Drasky is a volunteer media coordinator for Out4Immigration.

update at 2.30pm PST: According to Metroweekly - U.S. Citizenship and Immigration Services Asks Field Offices to Put Bi-National Immigration Cases on Hold.

Following up on reports from this weekend, Metro Weekly just received confirmation from Christopher Bentley, the spokesman for the U.S. Citizenship and Immigration Services, that cases of foreign partners who are married to a same-sex partner and would otherwise be eligible for a green card are on hold in light of questions about the continued validity of the Defense of Marriage Act. (read more...)

Married Couple's Status [Temporarily] Recognized by Immigration Officials

2011-03-23T07:19:00.000-07:00

by Kathy Drasky

Yesterday's ruling by a New York immigration judge to delay the deportation of an Argentinian woman married to an American woman truly raises the bar in our fight for equal immigration rights.

While Out4Immigration stops short of calling this ruling "historic", it is probably safe to say it is a "game changer."

According to the Daily News (a mainstream New York tabloid), the judge delayed her decision until December, when she will review the case of Monica Alcota (right) from Argentina, who legally married US citizen Cristina Ojeda (left) in Connecticut. If the couple were heterosexual, they would have been able to file an I-130 form immediately after their marriage and Monica would be on the path to citizenship by now. But, because the US federal government does not recognize same-sex marriages, the couple was about to be torn apart.

Based on February's decision by President Obama and US Justice Department to stop defending the Defense of Marriage Act (DOMA), the judge in this case, Terry Bain, "put a hold on Alcota's deportation order while the couple waits to see if DOMA is overturned and their green card application goes through."

Represented by Lavi Soloway, of Masliah & Soloway, the leading firm in same-sex binational couple immigration cases, it was argued that "removal proceedings should be terminated consistent with the Immigration and Customs Enforcement’s long-standing policy of prosecutorial discretion which favors family unification and the accommodation of sympathetic humanitarian circumstances. ICE and the Court should consider the rapidly changing landscape of DOMA. That changing landscape includes the Obama Administration’s new position on DOMA which is expected to dramatically alter the course of future litigation against DOMA."

Out4Immigration cautions that regardless of being married, in a civil union or domestic partnership, no same-sex binational couple should attempt to file I-130 petitions or any other documents without the advice of a competent immigration attorney. We refer you to Masliah & Soloway's Stop the Deportation Project. No one should knowingly overstay a visa. If you are in jeopardy of this, we urge you to immediately get legal advice.

We are on the path to getting equal immigration rights with legislation like the Respect for Marriage Act which will end DOMA, and the eventual reintroduction of the Uniting American Families Act (UAFA) which can be our temporary fix adding the words "or permanent partner" to immigration law until we can federally be known as "spouses". We also have a chance at administrative adjustments to immigration law that may result from more cases like Monica and Cristina's.

What can you do to bring change about faster? Tell your story! There are many ways to do this. Almost every day we post news and information about how same-sex binational couples are stepping up and taking action on the Out4Immigration Facebook page. Join us there - and get involved!

United by Love, Divided by Law

2011-03-15T17:13:00.000-07:00

by Judy Rickard (This post originally appeared in The Advocate.)

The news that Lavi Soloway, long associated with the fight for same-sex binational couples to be together in America, had held off the deportation of Rodrigo Martinez, keeping him in Maryland with his legally-married husband Edwin Echegoyen, made me cry.

The last few weeks have given me more hope than the last few years have that same-sex binational couples like mine can overcome the pain and suffering U.S. immigration and marriage laws cause us. I am thrilled to see that people in government are listening. It means that we might one day not be seen as legal strangers by the United States government. Our relationships must be recognized. Our marriages and families, if not validated, continue the current status that we face. We do not have the equal rights our country espouses.

I now have hope that my partner Karin and I will no longer be geographic yo-yos. I can see a glimmer of hope for the couples and families with children I have interviewed for my book Torn Apart: United by Love, Divided by Law. I feel like they can be together where they want, without fear and without extra expense and separation. I hope I am right.

Last year, my family was torn apart again because I cannot sponsor my partner for immigration to the United States. I tried. I had filled out the forms at Congressman Mike Honda's office. But the request was denied by the federal government.

So when her visa ran out in October, Karin had to leave. I stayed behind because my brother-in-law was battling his second bout with cancer. I stayed in America to help him and my sister. But before Karin could return, we lost John. When Karin finally came home, she had to endure more than an hour of questioning by ICE — Immigration and Customs Enforcement — officers before being allowed a visit with me.

New census data will give us updates, but an estimated 36,000 Americans deal with this situation today. LGBT couples and families face being torn apart, being deported, living in the shadows or facing unspeakable acts when returned to their home countries if denied asylum here.

We are not legal strangers. Our families matter. We pay the same taxes and face the same challenges as other families. We want the same opportunities and promises that America offers all its citizens.

U.S. immigration law must include provisions for same-sex partners, the same as opposite gender spouses, or we continue to be discriminated against. U.S. marriage law must allow same-sex marriage to be recognized federally and in each state or we continue to face discrimination and second class status is maintained.

Let the news stories we have seen — and felt good about — these past few days be the beginning of a sweeping move by America to right these wrongs and extend liberty and justice to those of us who feel the sting of its absence - and right away!

Note: Judy Rickard is the author of the book "Torn Apart: United by Love, Divided by Law" available from Findhorn Press. The book tells the stories of 18 same-sex binational couples and provides and excellent resource list. Order the book at this link and enter the code OUT416 -a $4 donation will then be made to Out4Immigration.

View from the UK: Same-Sex Binational Couple Living in Exile Speaks Out

2011-03-11T08:59:00.000-08:00

Guest post by Graham Adams

The United States is failing its most vulnerable citizens in the most appalling and barbaric way thanks to prejudice and discrimination shielded behind the guise of law.

The United States prides itself on being the world leader, yet is falling far behind many other countries in its stance on civil liberties and equal rights for all its citizens. How can this be in 2011?

In a country that has seen its fair share of discrimination, how can the US Government sit back and do nothing for the citizens who are crying out for help?

I have been with my partner for thirteen years, but six years ago we were forced to take a self- imposed exile from the United States on the basis that we are both male and because our loving relationship, not unlike millions of other Americans, is not recognised by the Federal Government and deemed unworthy of immigration rights.

Like many thousands of other same-sex binational couples living in constant fear of separation, the stress can become so overwhelming that it actually leads to illness, both physically and psychologically.

Rather than face the agonizing outcome of deportation due to me not being an American citizen, we decided to take charge of the inevitable outcome to our lives and leave the US shores for my homeland which recognises same-sex relationships for immigration purposes.

My partner is a US citizen. He was born in the US and spent over thirty years of his life there. He was forced to leave everything he had known and loved to move to a country he had never even visited. His family have been torn apart by this but understand his reasons. Emigration is a choice. Deportation is not!

Many thousands of families across the United States are forced to say farewell to their children, siblings and parents due to current discriminatory laws that prevent GLBT US citizens from sponsoring their same-sex partners to stay with them and become US citizens. Tearing loving families apart in such a barbaric, heartless way is perhaps one of the cruelest things imaginable.

We are now legally married in the United Kingdom, albeit called a Civil Partnership. We do not want, or expect special privileges in the United States. We simply wish to receive the same legal privileges as any other married couple in the US where one of the two is a foreign national.

My partner misses his home and his family greatly. We both terribly miss the lives we had in the United States, yet we are forced to remain in exile. My partner’s stepfather is terminally ill. His mother underwent open heart surgery a few years ago. What child wouldn’t want to be with his parents at a time like this?

Thousands of same-sex binational couples are being torn apart by unjust immigration laws each and every year. Many more thousands live in fear of being discovered by the authorities and are reluctant to come forward to share their stories and try to get the current DOMA law struck down, or legislation like the Uniting American Families Act (UAFA) passed.

DOMA and unequal immigration rights do not only affect same-sex couples. They affect the families of those individuals. Would anyone want this heartbreak forced upon their children? Would anyone want to see their children flee to another country just to be with the person they have devoted their lives to?

DOMA is unconstitutional. It is barbaric, cruel and discriminatory, yet it remains in place. President Obama and the Justice Department have declared they will not support it. The time has come to stop denying law-abiding US citizens the same legal privileges and protections based solely on their sexual orientation.

Something needs to be done to remedy the discriminatory legal flaw that prohibits gay and lesbian US citizens from sponsoring partners who were born in another country. It can be done quickly with a simple adjustment to US immigration law through UAFA - adding the three words "or permanent partner" wherever the word "spouse" appears as a temporary measure. And, then it can be done permanently with DOMA repeal. However it is accomplished it needs to be done now - as each day could very well be the last day in America for a gay or lesbian US citizen with a foreign partner.

Photo: Graham and Nick enjoy all the protections and privileges of marriage in the UK, where they have entered into a Civil Union. Courtesy of the author.