Department of Homeland Security: Implementation of the Supreme Court Ruling on the Defense of Marriage Act

Statement from Secretary of Homeland Security Janet Napolitano

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.  To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

Please visit the DHS website for FAQs for same-sex binational couples.

Out4Immigration has compiled the following resources for attorney recommendations and resources:

• Same-sex binational couples seeking advice on how to proceed with marriage and fiancée visa petitions (i.e., "green card applications”) are encouraged to view these resources: “After DOMA: What It Means for You” from the National Center for Lesbian Rights (NCLR), After DOMA: Immigration from Lambda Legal and “The End of DOMA: What Your Family Needs to Know” from Immigration Equality.
• The law firm, Masliah and Soloway are offering free consultations to same-sex binational couples. Email them at consult@masliah-soloway.com.  
• Also, the law firm McCown and Evans is offering free consultations to same-sex binationals. Please contact them at (415) 834-9123, or email info@mccownevans.com. 
• In the San Francisco Bay Area, McCown and Evans will be hosting a series of free legal workshops for same-sex binationals in July and August. Visit http://out4immigration.blogspot.com/2013/06/upcoming-information-sessions-marriage.html for details.

Victory for Monica and Cristina! Government Closes Deportation Case

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!

UAFA Tomorrow: Grassroots Actions You Can Take Today

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.