Out4Immigration Applauds LGBT Inclusion in President’s Immigration Reform Proposal

Obama’s Plan Would Allow for Visas for Same-Sex Binational Couples

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

SAN FRANCISCO – JANUARY 29, 2012 – President Barack Obama called on Congress today to support and pass immigration reform legislation that will specifically help same-sex binational couples.

Following a speech in Las Vegas, Obama issued a written document for reform that “treats same-sex families as families by giving U.S. citizens and lawful permanent residents the ability to seek a visa on the basis of a permanent relationship with a same-sex partner.” This reflects language long a part of the Uniting American Families Act (UAFA) that has been circulating through Congress for more than a decade, but has never had enough support to come up for a vote.

Earlier this week, a Senate committee released their own proposal for immigration reform that did not specifically include the issue of same-sex binational couples – foreign nationals legally partnered with gay and lesbian Americans who presently are blocked by the Defense of Marriage Act (DOMA) from obtaining a green card through their relationship. This omission led to an immediate outcry from LGBT groups demanding that any immigration reform focusing on keeping families together included “all families.”

Members of Congress also spoke out against the Senate committee’s proposal, including Rep. Jerrold Nadler (D-NY), long-time sponsor of UAFA, who called potential omission “madness”. Senator Dianne Feinstein, who never signed onto UAFA, spoke out in defense of same-sex binationals for the first time when she promised “same-sex, binational couples who are married or meet requirements for being in a bona fide long-term relationship ... are included.”

But before Congress could go any further with their immigration reform plans, the President delivered his version of revamping the system. In his speech he issued a firm message to lawmakers that should underscore for same-sex binationals relief is on the way. Obama warned Congress that if they deadlocked on debate over their proposal, he would ensure his bill went through.

There are an estimated 40,000 same-sex binational couples that could immediately benefit from comprehensive immigration reform. This includes couples who are legally married in one of the nine U.S. states and the District of Columbia, as well as those who have obtained civil unions or domestic partnerships. There are an unknown number of couples who live in exile, in countries that recognize their relationships for immigration purposes after all options to stay in the U.S. ran out. Additionally, there are many couples who have been forced to live apart, and still others who have fallen below the grid, remaining in the U.S. without documentation due to the long overdue need for immigration reform.

Out4Immigration is an all-volunteer grassroots group that works with all of the categories of same-sex binationals described above. The group works to educate the public about the issue and empower couples affected by immigration discrimination to speak out. Those willing to tell their stories are encouraged to visit this link: Count Me In / Same-Sex Binationals Share Their Stories: http://bit.ly/O4ICountMeIn.

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For more information:

Out4Immigration: http://www.out4immigration.org
Obama Reveals His Own Proposal for Immigration Reform: http://www.washingtonpost.com/politics/obama-unveils-his-own-proposal-for-immigration-reform/2013/01/29/b27dcb78-6a47-11e2-95b3-272d604a10a3_story.html
Gay Couples Left Out of Immigration Reform: http://www.sfgate.com/nation/article/Gay-couples-left-out-of-immigration-plan-4230776.php#ixzz2JPiBDaMV
Count Me In / Same-Sex Binationals Share Their Stories: http://bit.ly/O4ICountMeIn
United by Love, Divided by Law: http://unitedbylovedividedbylaw.tumblr.com
Out4Immigration blog (featuring stories of same-sex binationals): http://out4immigration.blogspot.com/

Our Story: Susan and Julie

Daughter of U.S. Army Veteran Calls on Congress for Help

Binational Same-Sex Couples to Congress: “Enact LGBT-Inclusive Immigration Reform!”

The United States recently celebrated Thanksgiving and, while I am giving thanks for many things, one of my greatest sorrows during this holiday season is that my loving partner, Julie, was not with me to celebrate this greatest of American family holidays. Julie is my family – my chosen family. But our laws in the U.S. dictate that, even though we could legally marry in New York State, I am unable to sponsor her for immigration as my spouse.

It may seem rather cheesy to say we “met online” but, with technology as it is today, when a mutual friend introduced us to each other via email, we found we had a lot in common and became friends. We were email friends for two years before I met Julie in person during a business trip to Australia. And in that meeting, we confirmed that daily emails and weekly Skype visits had led us to more than simply friendship. We knew it would be hard – being a bi-national couple is hard on so many fronts – but being a same-sex couple, when neither of our countries recognized us as a couple, was a harsh reality that confronted us immediately.

I lived in Hong Kong at the time we met. When I retired in 2011, we were finally able to live together full time. We share homes in both Australia and the United States, but after a grilling at the Chicago airport earlier in 2012, we realized that Julie needed to be careful.

It’s been hard over the last several months. Both of my parents have had surgery, and I have become a primary supporter. Julie was trained as a nurse but, because we fear she might be barred at immigration, we decided that only I would come back to the U.S. to help them. My parents love and trust her, and it would benefit them for her to be able to be here. I would also benefit from her support.

I’ll be honest. I’m one of the lucky ones. Australia changed its laws in 2009 by defining a “de facto” couple as two people (opposite- or same-gender) who have a genuine, exclusive relationship, but who are not married. Australia has granted me permanent residency as a “de facto” partner. Julie and I went through a process that would be analogous to the US process for sponsoring a spouse for immigration. We proved that our relationship was genuine through a 5-inch stack of paper detailing the mingling of our finances, our daily Skype logs, our email presence, sworn support letters from her family of origin and my business colleagues, police checks (three different countries for me!), and a medical exam. I was granted a two-year temporary residency visa that allowed me to enter and leave Australia at will. Last August, that temporary visa was replaced with a Permanent Resident visa – the equivalent of a U.S. Green Card. I can live, work and pay taxes in Australia. The Australian government recognizes me as part of a couple.

Friends have asked us, “Why don’t you just live in Australia?” We could do that. But we have lives in both countries, and we have family in both countries. We have elderly parents in both countries. We have homes in both countries. If Australia recognizes us, why can’t the United States? Why must we choose one country over the other? Why should I essentially have to live in exile to be with my partner full-time?

My U.S. citizenship is very important to me. I was not born in the U.S. I am a naturalized U.S. citizen, as my father was serving in the United States Army in Germany when I was born. Even though I was born to U.S. citizens, I am not a “natural-born” US citizen. After all that my parents went through for our family and for our country, it’s very hard to be told that my relationship, my family, is not worthy to be in the United States.

The tide is turning in the United States. We celebrated with Maine, Washington and Maryland on Election Day as same-sex marriage was approved at the ballot box. We watch with fingers crossed as the Supreme Court of the United States decides whether to rule on the constitutionality of Section 3 of DOMA on November 30th. We pray for luck every May 1st when the results of the U.S. Diversity Lottery are announced.

For six years now, Julie and I have done everything we can to be together, even though U.S. laws keep us apart. We are both retired, and are watching our available funds for airline tickets dwindle. We watch the aging of our parents, and want to spend as much time with them as we can in their elder years.

We continue to hope. We continue to believe that we are human beings, with the same rights, the same dreams and the same feelings as our straight friends and family. We wish to have the pursuit of happiness in our own backyard!

We are America. We are Australia. We are a family.

Are you a same sex binational couple?  Do you have families / friends affected by this issue?  Please contact us at http://bit.ly/O4ICountMeIn if you are interested in sharing your story.

Our Story: Brad and Raul

Peace Corps Volunteer Asks Congress to Pass Inclusive Immigration Reform

After Giving Two Years of His Life to the Peace Corps, Former Volunteer Wants to Spend Rest of His Life with Ecuadorian Partner

Ever since I was a kid, the holidays were a blur of good food, family, and friends. Thanksgiving, Advent, and Christmas were always reminders to be thankful for what we had and share with those we love. This year, Raul and I have much for which to be grateful. For the first time since 2009, we will be sharing Christmas together. After more than a year of living in different countries, we now live under the same roof, sharing the same meals, and making friends in a new city and country—the United Kingdom, our new home.

Raul and I first met during my service as a Peace Corps volunteer in Southern Ecuador. I was working as a social worker in a rural highland community. I still remember getting that first flirtatious text message, thinking “he’s surely exaggerating his positive qualities”. Fortunately, he wasn’t! Raul really is the sweet, caring, and handsome man he said he was. After some initial hesitation on my part, we started a relationship that continues to this day, nearly three years later. For the rest of my time in the Peace Corps, Raul and I were nearly inseparable. He would often visit me and my host family in the parish where I lived. We would travel Ecuador together on vacations, visiting friends and his family on the coast.

As my service experience drew to a close in mid-2010, we started to explore our options. We both wanted Raul to meet my family over the holidays as I’d had the chance to visit his on many occasions. Sadly, Raul’s application for a visitor’s visa to the US was denied, in part because he did not have enough assets to convince the immigration officer of his return to Ecuador and in part because he was honest about our relationship during his interview. I still remember the day Raul called me with the bad news. He was devastated, and there was nothing I could do to comfort him that day. I promised I would save up and return to Ecuador if he could not see my family for the holidays.

I returned to Ecuador at the beginning of 2011 to work as a field consultant with a social enterprise initiative, earning just $200 per month. We also opened a small café/bar together in the hopes that it would improve his chances of eventually visiting my family in the US. During the next 8 months, the two of us worked hard at our day and night jobs. We were poor and tired, but at least we had each other. Acting on pro-bono advice from Lavi Soloway of the DOMA Project (www.domaproject.org) we prepared for Raul’s next visa application by securing invitations, bonds, and letters of support from family and government officials, including my Congressman at the time, Bruce Braley. We knew that chances were slim that Raul would be granted a visitor’s visa, but we had to try. My grandparents were going to celebrate their 50th wedding anniversary and it was the perfect way to meet my extended family. On what I would describe as one of the happiest days of my life, Raul’s application for a visitor’s visa was granted. It was just short of a miracle.

In August of 2011, Raul’s and my wish finally came true. He met my family and shared in the celebrations of my grandparents’ 50th anniversary. He was even included in the family photo! Raul’s visit allowed me to share with him my hometown, American football at my alma mater — Notre Dame – and the city of Chicago where I would ultimately spend the next year pursuing my Master’s degree in Psychology. As Raul’s departure drew near, anxiety soon settled in as we were left with few options. He could either overstay his visa, living in fear of deportation or return to Ecuador. For a number of reasons, we decided it would be best for Raul to return.

On our two year anniversary in December, I returned to Ecuador to celebrate our Civil Union in Ecuador. It was a modest celebration held in the house of one of Raul’s friends. While the circumstances were not what either of us envisioned for our marriage, we knew we needed a more formal recognition of our relationship. Following our short “mini-honeymoon” to the central Ecuadorian highlands, I returned to the US to celebrate Christmas with my family. It would be nine months before I would see Raul again.

Those nine months were some of the most difficult we have experienced. The loneliness was crushing at times. While I loved Chicago and my studies at the University of Chicago, my heart was elsewhere. Soon after my arrival, I eventually began exploring the possibility of PhD programs in the UK and Canada where I would be able to live together with Raul. As fortune would have it, my supervisor connected me with a researcher at the University of Birmingham. Faster than I ever expected, I was not only admitted but offered a generous studentship—not an easy feat in cash-strapped Europe.

This year, Raul and I will be sharing the holidays with our families from behind a computer screen, more than an ocean away. While online video calls are a reality for many Americans who find themselves overseas for the holidays, our life as exiles entails an additional burden: Raul remains stuck on the outside. I promised him I will not leave him again and I mean it.  For this reason, we’re joining with Out4Immigration and GetEQUAL to call on Congress to include provisions for exiled LGBT families like mine in Comprehensive Immigration Reform. Inclusive immigration reform would allow me to sponsor Raul for a green card and start our lives together in the US. It would mean that we would be free to spend the holidays with my family—something we have been unable to do to this day. There is no excuse for delay. Justice delayed is justice denied. The time to act is now.

Are you a same sex binational couple?  Do you have families / friends affected by this issue?  Please contact us at http://bit.ly/O4ICountMeIn if you are interested in sharing your story.

Call to Action! Out4Immigration Needs Couples to Speak Up Now!

by Amos Lim

Out4Immigration has always advocated a multi-pronged approach to getting our issues resolved. We have pushed for passage of an Inclusive Comprehensive Immigration Reform, supported the passage of the Uniting American Families Act, the Reuniting Families Act, the repeal of DOMA (Respect for Marriage Act) and supported the removal of the one-year filing deadline for asylum seekers. And most recently, we pushed for an abeyance policy from the Obama administration with regards to green card applications and making sure that LGBT families are included in ICE's Deportation Guidelines (the so-called Morton Memo which was released in June 2011). These recently revised guidelines will now stop the deportation of partners/spouses of same-sex binational couples where the partner/spouse is without lawful status and in removal proceedings.

Our all-volunteer group did this through education, raising awareness, meeting legislators, forming coalitions with allies in the LGBT and immigration communities and circulating petitions on change.org.

Our last petition on change.org "LGBT Binational Couples Must Be Included in ICE Deportation Guidelines", received about 2,000 signatures. I had the opportunity to deliver this, together with stories from same-sex binational couples and photos from our United by Love, Divided by Law Tumblr blog to the White House when I was there for an AAPI conference last July.

The petition signatures, the stories and the photos, together with the letter sent by Democratic House members urging for LGBT inclusion in the ICE Deportation Guidelines, helped push the Obama administration to finally officially include us in DHS' deportation guidelines.

Now that the election is over and President Obama has been re-elected to a second term, the landscape for moving our issue forward seems even more positive. 

We will know by the first week of December if SCOTUS (Supreme Court of the United States) will hear all or any of the DOMA cases. This means that by June 28, 2013, we will know if DOMA is finally ruled unconstitutional and legally married same-sex couples will get federal marriage rights, all 1138 of them (including, of course, the ability of U.S. citizen to sponsor their foreign spouse for a green card!)

In the week since the election, we have also seen both Democrat and Republican leaders coming out vocally in support of Comprehensive Immigration Reform. 
 
President Obama himself said during his Victory Speech and a follow-up press conference that he wants immigration reform in the United States.

It seems from all indications that a Comprehensive Immigration Reform (CIR) bill will be introduced in January when the new Congress convenes.

So, today, more important than ever, we need to continue the push to ensure that:

1. We have an inclusive (LGBT-positive) comprehensive immigration reform bill introduced in Congress.
2. The LGBT community does not “get thrown under the bus” or negotiated away when CIR comes up for a vote in Congress.
3. We demand that the Obama administration fully adjudicate all green card cases filed by same-sex married couples including full fact-finding, conducting interviews to determine the bona fides of the marital relationships, either by USCIS (in the U.S.) or by Consular officials abroad, and then hold a final decision on abeyance until the Supreme Court has ruled on the constitutionality of DOMA.
4. We urge the Obama administration to open up the humanitarian parole process to partners/spouses of lesbian and gay Americans, to bring our fellow binational couples back from forced exile and to end the separation of binational couples and LGBT families until DOMA has been resolved by the Supreme Court.

To do this, we will be working with other grassroots organization like GetEQUAL and various LGBT/Immigration organizations to create and raise awareness about this issue. We need to make this a moral issue that Congress needs to fix immediately through legislation. We need to make Congress understand that they cannot push this aside.

GetEQUAL and the DREAMers have waged a very successful campaign of speaking out, telling their stories and not taking NO for an answer! I believe that we can do something similar to their campaign so that we cannot be ignored anymore!

However, to do that, we will need couples to speak up and tell their stories to the media.
Therefore, we are putting out a call to couples who have suffered under DOMA to come forward and speak up. We can work with you to fine-tune your message as you tell your story.  

Please let us know by completing this form (http://bit.ly/O4ICountMeIn). Submit the form and we will get in touch with you very soon. 

Our time is NOW! Stand up and speak out. Many believe we are in the final phases of ending the terrible discrimination we have faced as same-sex binational couples due to unfair immigration laws and DOMA. Join us and be a part of the change.

Reach Out Locally - It Works!

Below is an email from Tom Tierney, who has been working tirelessly on the letter writing campaign and getting other organizations on board in support of Equal Immigration Rights for Same-Sex Binational Couples. Do you think you can do something to get your city to support a resolution for the passage of Uniting American Families Act (UAFA)? Can you call your elected officials to see if they would be willing to write a "Dear Colleague" letter to your state's House members or Senators to urge them to sponsor UAFA and to push for its passage? Can you help? If you think you can, please contact Tom directly at tptierney914 [at] yahoo.com for more info.

I wanted to share with everyone some of the results I've had after reaching out to LGBT elected officials in various States.

Many others need to be contacted - Progressive Democrats in all States, and many more City Councils and local officials.

PLEASE everyone - now is the time to turn up the pressure. Go get a City Council resolution! Get your State Assemblymember and State Senator to send a letter to your US House member and US Senate members about this!

I have copy you can use for resolutions and a template letter that can be used for the elected officials to send a letter to your members of Congress.

Even if they're already UAFA co-sponsors - we need to remind them about how important it is.

TAKE ACTION NOW and let your local elected officials know about this!

Many prefer if someone local approaches them about this. If you're reading this we need YOU to take action!

Contact me at tptierney914 [at] yahoo.com for more info.


Recent results:

Arizona

State Representative sent letters to Sen. McCain, Sen. Kyl and Rep. Giffords

State Senator sent letters to Sen. McCain and Sen. Kyl

Arkansas

State Representative sending letters to Sen. Lincoln and Sen. Pryor (waiting for copies)

California

O4I members working on getting more resolutions from various cities - but we need more help!

We need more letters to Senator Feinstein from elected LGBT officials and Democrats.

Colorado

State Senator sent letters to Sen. Udall and Sen. Bennet

Two State Representatives working on sending letters to Sen. Udall and Sen. Bennet (waiting for copies)

O4I member working on getting a supportive resolution from Denver City Council

Connecticut

O4I member working on getting letters from State Reps. and Senators to Sen. Lieberman and Rep. Murphy

Florida

Orlando City Commissioner sent letters to Sen. Bill Nelson and Rep. Corrine Brown

Mayor of Broward County sent letter to Sen. Bill Nelson

Miami City Council member sent letters to Sen. Bill Nelson and Rep. Ileana Ros-Lehtinen (didn't send copies yet)

Requested resolution from Miami City Council - still working on this

North Miami City Council member sent letter to Sen. Bill Nelson (waiting for copy - he's also running for US House)

North Miami Mayor sent letter to Sen. Bill Nelson (waiting for copy - he's also running for US Senate)

St. Petersburg City Council member will speak with Rep. Kathy Castor this weekend about why she's not co-sponsoring UAFA again; interested in resolution

Louisiana

O4I member working on getting a supportive resolution from New Orleans City Council

Members of PFLAG sending letters/e-mails to members of Congress

Maine

State Senator interested in sending letters to Sen. Collins and Sen. Snowe - waiting to hear back

Maryland

Mayor of Salisbury sending letters to Sen. Mikulski and Rep. Kratovil (waiting for copies)

Mayor of Takoma Park sending letters to Sen. Mikulski and Rep. Van Hollen (waiting for copies)

Michigan

Contacted Detroit City Council President about UAFA resolution but have not heard back

Ingham Co. Commissioner interested in doing supportive resolution

Minnesota

Duluth City Council President writing to Senator Klobuchar and will speak about UAFA with her in person in DC at end of March

Minneapolis is considering a resolution

Missouri

St. Louis passed supportive resolution

State Representative sending letters to Sen. McCaskill & Sen. Bond

New Mexico

Santa Fe City Councilmember interested in introducing a resolution

New York

Monroe County Commissioner sending letter to Sen. Schumer and Sen. Gillibrand

Troy City Council considering resolution

Binghamton City Council considering resolution

Rochester City Council considering resolution

Ithaca City Council decided against a resolution as the local members of the LGBT Community they asked about this 'weren't familiar with UAFA'

Ohio

Wood County Commissioner considering resolution

O4I member working on getting resolution from Cleveland City Council

Oregon

Portland City Council considering resolution

Mayor of Silverton contacting Rep. Schrader about supporting UAFA

Rhode Island

State Rep. sent letter to Senator Reed

Contacted Mayor of Providence's office about resolution - haven't heard back yet (Mayor is running for Rep. Kennedy's seat)

Virginia

Chair of Arlington County Board will weigh in with Sen. Webb and Sen. Warner when he feels timing is appropriate

Washington

Seattle passed resolution in support of immigration which included support for LGBT families

Wisconsin

I have someone working on trying to get Madison City Council to do a supportive resolution

Three members of the Dane County Board of Supervisors are sending letter to Sen. Kohl this week

Change is in the Air at Creating Change

by Kathy Drasky

Down here in Dallas, TX at Creating Change, it’s easy to coin a cliché on top of a blog post like this. But for those of us in same-sex binational relationships, where one of us is an American citizen with absolutely no rights to sponsor our partner for a green card, talk about Comprehensive Immigration Reform (CIR) and the Uniting American Families Act (UAFA) in the same speech – let alone their mention together several times is indicative that something is up.

Thomas A. Saenz , president and general counsel of the Mexican American Legal Defense and Educational Fund (MALDEF), called for comprehensive and inclusive immigration reform at the opening plenary of the 22nd National Conference on LGBT Equality: Creating Change last night. MALDEF is a national organization whose mission is to promote the civil rights of Latinos/as in the United States.

Saenz identified five key similarities between the LGBT and Latino communities as reasons our communities need to stick together:

1) Members in both communities “live in silence and shadows”. In the Latino community this is the state of the undocumented worker; in the LGBT community, this is the state of continuously being marginalized. When an LGBT person is also undocumented – Houston (or Dallas), we have twice the problem.
2) Both communities are seen by the mainstream as “single issue movements”. For Latinos this is immigration reform; for the LGBT this is marriage equality. If both communities got these core reforms, folks over at Fox News and their ilk – on their best days – assume we will just go away.
3) We are both facing forces in Washington seeking to discount us in the 2010 census.
4) On the back of that both communities are “victims of the courage deficit” in DC. Continued failure most recently to repeal Don’t Ask Don’t Tell (DADT) and to get a truly inclusive comprehensive immigration reform bill in place, are but two examples of this.
5) Finally, significant portions of both our communities remain “outside the boundaries of constitutional law”. LGBT people and undocumented people do not have equal protection under US law.

Saenz called for inclusion of UAFA in upcoming CIR, and said the biggest flaw in the CIR bill introduced in Congress by Rep. Luis Gutierrez late last year was “its failure to include the Uniting American Families Act.”

“We must stand united that CIR includes everyone [and that it] is truly comprehensive and includes UAFA…. The Latino community, LGBT community and anyone who cares about civil rights needs to support UAFA.”

Saenz received a standing ovation from the nearly 500 LGBT activists who packed the room.

His tough talk on UAFA comes at the end of a week for those of us in the equal immigration fight in which we’re hearing about a new ten state grassroots campaign to mobilize support for UAFA co-sponsors, particularly among Hispanic caucus members in key states like Texas (C=IIR), as well as dealing with a rumor sweeping through our community within a community of same-sex binationals that we won’t be included in Sen. Schumer’s upcoming Senate CIR bill. [Call Sen. Schumer’s office now at 202-224-6542 and let his staffers know that comprehensive immigration reform means “inclusive” immigration reform – you can’t leave out one group of people who need this system fixed as much as the next group.]

And just to make sure our emotions are completely mixed, we get the good news the other day that we have another House co-sponsor for UAFA, Rep. Dan Maffei (D-NY-25; see post below). Rep. Maffei is a freshman Democrat in a district that had been held by Republicans for 40 years. Change in the air? Maybe so.