Queers and Immigration

[Greyson]

Yesterday the Senate and President made public their proposed immigration reform. They are two separate proposals. I want to alert our community to the fact that the Senate Proposal does not include visas and permanent residency (Green Card) for Same Sex Couples. President Obama's proposal does include Same Sex Couples.

It is my hope, each of us will contact our US Senators and ask why this is the case and recommend it be included in the Senate recommendations for Immigration reform.

__________________________________________________ ___________

Similarities and differences between Obama, Senate proposals

January 30, 2013 by swyatt11


SAME-SEX COUPLES
Senate:

— Does not include a provision allowing sponsorship of a same-sex partner.

Obama:

— Allows U.S. citizens and permanent residents to sponsor a visa for a same-sex partner.


http://21border.com/2013/01/30/simil...ls/#more-3051"

[Sparkle]

Thank you for posting this Greyson.

I've been watching it closely as well.

Sometimes it's hard for me to believe it was 15+years ago that I started my own battle with and tangled path through the minefield that is queer immigration.

I have been, again, blown away by the President's inclusion of us in his proposed reform policy and in his public words.

I have also been overwhelmed by the vitriol backlash of the GOP aimed directly at Bi-National Queer families. And their outright stated refusal to see us included in any reform.

This spring is shaping up to a helluva a time for Queer Rights.

There is a lot on the line.

And I'm anxious about it.

[Greyson]

LGBT Americans Have Dreams Too

Jan 30 2013


However, the Republicans who want to embrace the Hispanic vote are not ready to allow LGBT Americans to be part of the 'dream'. Binational LGBT couple have been forced to flee America, been torn apart as one partner is sent home and they constantly live in fear of being discovered. Even with marriage in some states, DOMA makes it impossible for LGBT binational couples to have the same rights as other Americans.

Republican Senator John McCain said it just isn't a priority to include LGBT Americans in immigration reform. Republican Lindsay Graham says if LGBT Americans are included the entire reform package will be placed in jeopardy. Nothing like some good old divisive politics of pitting the oppression of one group against the oppression of another group.

Read the rest at link below:


http://www.davidmixner.com/2013/01/l...dMixner.com%29

[Greyson]

Gay, Latino groups forge immigration alliance

By LISA LEFF
Saturday, Feb. 2, 2013


Aldana, 26, is torn. He encourages Hispanic groups to include gay rights in their struggle, but reminds gay activists that immigration rights go far beyond just fighting for legal residency for foreigners in same-sex marriages.
"The reality is that immigration is not just about married couples. That's a middle-class concern. It's a privilege I support, but it's not something that will benefit all our immigrant communities," Aldana said.

"If I were a Democratic Senate aide and this (issue) was a discussion in our staff meeting, I would tell our member that this is something you better be prepared to give up," Gilliam said. "We are talking politics. We are not talking about what the right thing to do is."

http://www.sacbee.com/2013/02/02/516...#disqus_thread__________________________________________________ ___________

Aldana is Mexican and Gay and an activist. I strongly disagree with the statement "The reality is that immigration is not just about married couples. That's a middle-class concern."

Currently legal immigration in the USA is done under two platforms. Either under Family or Job related. How can "family" be just a middle class concern? Many immigrants that are not educated in the techie and science jobs which legally allow for immigration do not immigrate to the USA under some sort of Work related Visa. They come under the auspices of "Family."

Except for short term Argicultural work programs there is no other "legal" hope for immigration besides Family.

I would like to see this latest round of proposed Immigration Reform include LGBTQ families. I do not think comprehensive Immigration Reform should be hindered by including LGBTQ but of course this is another political point. When the USA under President Reagan granted Amnesty and paved the way for legalization, LGBTQ Families, Same Sex couples were not included.

The US Senate and Congress will be the ones to short change LGBTQ people, again.

Read more here: http://www.sacbee.com/2013/02/02/516...#storylink=cpy

[LeftWriteFemme]

With No Shortcut to a Green Card, Gay Couples Leave U.S.


http://www.nytimes.com/2013/02/18/us...e-us.html?_r=0

[Sparkle]

This is a good article and I'm really-really glad there is a wave of new press articles being done on Queer Immigration; but I have to say the title of the article irks me. And while I'm very pleased the NYT wrote/published this piece I feel they should have shown more care, the title suggests that the writer did not understand the issue.

Using the term "shortcut" in the title makes it sound as though the legal immigration issues queer binational couples face are merely irritating or perhaps tiresome, "Oh dear, darling, I guess we'll have to take the long way 'round since they've blocked off that avenue".

But the truth is, our complete lack of legal rights has nothing to do with "shortcuts", there are no legal protections or legal options in the United States that allow a foreign national partner to remain in the country based upon their relationship, none. zero. And there never have been any.

And the idea that there are "shortcuts" to green cards for anyone (queer or otherwise) is also laughable in this climate of rampant xenophobia and locked down borders.

[Kätzchen]

Originally Posted by Sparkle

This is a good article and I'm really-really glad there is a wave of new press articles being done on Queer Immigration; but I have to say the title of the article irks me. And while I'm very pleased the NYT wrote/published this piece I feel they should have shown more care, the title suggests that the writer did not understand the issue.

Using the term "shortcut" in the title makes it sound as though the legal immigration issues queer binational couples face are merely irritating or perhaps tiresome, "Oh dear, darling, I guess we'll have to take the long way 'round since they've blocked off that avenue".

But the truth is, our complete lack of legal rights has nothing to do with "shortcuts", there are no legal protections or legal options in the United States that allow a foreign national partner to remain in the country based upon their relationship, none. zero. And there never have been any.

And the idea that there are "shortcuts" to green cards for anyone (queer or otherwise) is also laughable in this climate of rampant xenophobia and locked down borders.

For a long time now, my regard for The New York Times continues to fall in terms of whether it's a good thing to regard their news agency's brand of politics: For example, Immigration law and policy. I share the sentiment you express about far reaching implications of the title and content of this particular article. When I see a long revered newspaper allowing and appropriating this kind of journalistic think-tank, especially when it seems that agency watchdog groups are not holding them accountable for 'news' which expresses this type of prejudicial bias, I find myself wondering how deep the climate of xenophobic sentiment is shared among agencies who partner with national sources of media (such as the NYT) and what it takes to hold them to a higher standard of journalism.

[Sparkle]

A dear friend of mine has just published a memoir telling her love story, which includes the legal struggles she and her partner face as a bi-national queer couple. While telling her story, she weaves in the hidden histories of queer men and women who walked the same streets she and her partner do today.

It's a great book and a quick read and if you've been affected by issues surrounding immigration or marriage you'll find it particularly compelling. I'd go on and brag and say more but I don't want to be done for wanton promotion!

http://amzn.com/B00B8IODYM

The book is called 'Ghost Wife: A Memoir of Love and Defiance'

In the United States, it is only available on kindle, currently.

[Greyson]

I am posting links to two new articles about USA Immigration Reform. Currently there is a Bi-Partisan group working on Immigration Reform to put forward in the US Congress and Senate.

Democrats appear to be concerned with proposed cutting back of Family Visas that in the past and currently have included brothers, sisters, parents and married children.

Republicans are proposing the numbers for Family Immigration be cut back in order to increase Job related Visas that require a higher "skill" level. They want the focus for increased job related Visas to be in Math, Science, Computer Sciences.

What does it mean for Queers? Honestly, I am not sure Same-Sex couples are even still included in the current Immigration Reform talks or have our interest been put aside, again, and the focus still remains on heterosexuals. Most of us here know that as long as DOMA is current law, Queers and their partners are still in the eyes of the Federal law, Less then Equal.

Unlike other topics discussed here in our community, I have not seen many posts expressing how people feel, think about USA Immigration Law and Policy. Yes, this can be a very sensitive and "hot" topic.

However the Immigration Reform may unfold, I want Same-Sex couples, Queers to be considered in this debate, reform. I am very tired of us, our families, our education or lack there of, not being given the same consideration as heterosexual couples, "families."

There in lies one of the rubs. In these articles you will read about the importance of "family." The cornerstone of American Immigration, "Family." Yes, as long as your family is considered to be the "traditional" family. Meaning legally married and heterosexual. Then you can bring in the adult children, the aged parents and your siblings. It does not matter if they lack "skills."

Now, let's go to the Visas that cover jobs. Who has these skills, education? Think about it. Yes, I would make a guess that Queers are included in this set. Our sexuality does not matter as long as we have the skills. If you are a poor Queer with lack of skills.......... well you see the picture here.

Please think about these things. Whether your world is directly impacted by Immigration Law or not, your life, your quality of life really is impacted. Our planet is getting smaller and smaller. None of us can continue to ignore the world around us. Thanks for reading this.

__________________________________________________ ________

Immigration reform dilemma: Cut family visas to woo computer engineers?
Congress is closing in on immigration reforms that favor more immigrants with math and science backgrounds, but lawmakers are divided over whether to favor job skills over family ties.

By David Grant, Staff Writer / March 20, 2013

The thornier questions surround how to handle family-based visa applications for parents and siblings. As lawmakers seek to boost green cards for skills-based migrants, some are looking there as a potential offset.

Currently, skilled migrants make up 7 percent of America's total green card stream; in countries such as Canada and Australia, they make up more than half of all new nationals.


http://www.csmonitor.com/USA/Politic...uter-engineers

__________________________________________________ __________

Seven Democratic senators push to maintain family visas

Posted by David Nakamura on March 20, 2013


Seven Democratic senators are asking a bipartisan group of colleagues to reconsider plans to eliminate some categories of family visas as the group finalizes a comprehensive overhaul of immigration laws.

In a letter to the eight-member group, Democratic Sens. Mazie Hirono (Hawaii), Elizabeth Warren (Mass.), Barbara Boxer (Calif.), Sherrod Brown (Ohio), Brian Schatz (Hawaii), Tom Harkin (Iowa) and Al Franken (Minn.) praised the bipartisan effort but cautioned that the senators should maintain visas reserved specifically for foreign brothers, sisters and married children of U.S. citizens.

Currently, about two-thirds of visas are issued for family reasons, with 14 percent for employment reasons. Republicans have said increasing work visas will balance the country’s economic needs with family ties.


http://www.washingtonpost.com/blogs/...wpmk=MK0000200

[Greyson]

I came across this article in my morning reading today. In my previous post in this thread the same topic of Merit Based Immigration vs. Family Based Immigration was discussed.

This article speaks to a previous round of immigration reform over 40 years ago in both the USA and Canada. Canada's Immigration Policy favored Merit/Points based system; the USA Immigration Policy favored "Family" (traditional, heterosexual) Immigration Policy.

IMO as the law and Immigration Policy stands today in the USA Queer families have a greater opportunity for immigration to the USA then they would via current policy.

Again, if you are under educated, poor and queer, the circumstances are not in your favor. Do any of you have an opinion on USA Immigration Policy? Are you willing to talk about it here in this thread? Better yet, are you willing to do anything about current USA Immigration Policy for Queer people and/are all people?
__________________________________________________ ______________
Canada comes to Silicon Valley to poach high-tech workers struggling with immigration problems

By Matt O'Brien

Posted: 05/17/2013 06:10:18 AM PDT



In the 1960s, Bloemraad said, both the U.S. and Canada dramatically reconfigured how they welcomed immigrants: America ended up with a system where two-thirds of immigrants now gain permanent residency through family connections, while Canada pioneered a points-based ranking that results where two-thirds of immigrants are chosen for their work skills.

The Senate plan would shift to a more Canadian approach in adopting a new "merit visa" to award permanent U.S. residency to the highest scorers in a points system favoring those who are young, highly educated, fluent in English and working in high-demand fields.


http://www.siliconvalley.com/news/ci...h-tech-workers

[Sparkle]

Originally Posted by Greyson

.

IMO as the law and Immigration Policy stands today in the USA Queer families have a greater opportunity for immigration to the USA then they would via current policy.

Again, if you are under educated, poor and queer, the circumstances are not in your favor. Do any of you have an opinion on USA Immigration Policy? Are you willing to talk about it here in this thread? Better yet, are you willing to do anything about current USA Immigration Policy for Queer people and/are all people?

http://www.siliconvalley.com/news/ci...h-tech-workers

I agree with you, I prefer (in theory) the family immigration policy.

I think the merit/points system that Canada and Australia operate is great for a small group of migrants who are highly skilled and/or educated but aren't wealthy enough to "buy" investor visas, or in specific job categories that are in high demand (nurses, etc). But the merit system is classist and it leaves an enormous gap in accessibility. I believe the best policies are as open, accessible and variable as possible.

Why can't we have both family immigration and a merit system as well as a system that is flexible enough to respond to the gaps and growth industry and the job market.

Well...you know...'why can't we' besides the right wing reactionaries who whip up a fury of fear and hatred and ignorance by spreading blatant lies about immigrants stealing our jobs and getting free houses and fancy cars and groceries and ivy league educations.

I've been a queer immigration activist and fundraiser for over a decade. And I've been watching the action alerts coming from Out4Immigration about the current immigration reform bill being negotiated, calling and emailing senators with sway, as requested. I can only *HOPE* (and hope hard) that the provision for LGBT couples is not used as a bargaining chip and tossed out of the bill.

I know that there is a much bigger population of migrants that need support; I hope the work I do helps them too; but right now my LGBT migrants and asylum seekers are my number one priority.

[Sparkle]

Worrisome.

http://www.huffingtonpost.com/2013/0...n_3313141.html

[Sparkle]

The provision same-sex couples has definitely be thrown out of the bill. It makes me very sad. And it means that even more is riding on DOMA being overturned by SCOTUS; and (hoping for the best outcome) when that happens it still means a very long wait for those couples who are currently suffering, most of whom have waited a very long time already. DOMA being overturned won't magically create new laws, it only opens the door for their creation.

I'm saddened and sickened that YET AGAIN our community is a pawn in the political machinations, and an easily disposable one at that.

http://www.huffingtonpost.com/2013/0...n_3315674.html

[thedivahrrrself]

Originally Posted by Sparkle

The provision same-sex couples has definitely be thrown out of the bill. It makes me very sad. And it means that even more is riding on DOMA being overturned by SCOTUS; and (hoping for the best outcome) when that happens it still means a very long wait for those couples who are currently suffering, most of whom have waited a very long time already. DOMA being overturned won't magically create new laws, it only opens the door for their creation.

I'm saddened and sickened that YET AGAIN our community is a pawn in the political machinations, and an easily disposable one at that.

http://www.huffingtonpost.com/2013/0...n_3315674.html

I am so disappointed with this bill. It feels like the health care bill all over again where most of the good stuff gets sold out early on.

I think most importantly, restoring due process to our deportation system and allowing a judge to review cases should not have been controversial.

Secondly queers were thrown out, which is stupid and a loss because the current policy of the State department was to treat partners as family in at least deportation cases, though not for initial immigration.

Brothers and sisters are no longer family in the eyes of Congress either.

The number of highly skilled visas was not addressed. We have 30 engineering job openings for every one American engineer, but we constantly send a flood of engineers home after their student visas expire.

I could gripe all day about this thing. The one positive thing I can say is that Democrats typically do incremental policy, so I hope this is something we will see evolve more in the near future.

And I am glad the kids get to go to college. It used to be so heartbreaking to tell young people they weren't eligible for an education here. I hope many lives will be improved by this opportunity.

[Greyson]

Immigration Bill Amendment Would Carve Out Benefits For Some Same-Sex Couples

By Annie-Rose Strasser on Jun 12, 2013 at 9:40 am

When the Gang of Eight’s immigration reform plan was considered before the Senate Judiciary Committee in May, LGBT advocates were heartbroken to watch as Sen. Patrick Leahy (D-VT) withdrew an amendment from the bill that would haven given the same immigration rights to bi-national same-sex couples that are enjoyed by their straight counterparts. But now, the amendment is back.

Given the current Republican antipathy toward Leahy’s similar amendments in committee, however, (and its likely failure in the House, even if it passes the Senate), immigrant same-sex couples face a long road ahead.

http://thinkprogress.org/immigration...igration-bill/

[Greyson]

Originally Posted by Greyson

NO MORE DOMA!!!

With DOMA being struck down this now means that legally married same-sex couples will now be afforded all Federal rights and protection. This would include Immigration law. Now legally married same-sex partners can immigrate to this country if they choose to. Honestly, I did lose hope in my country, USA about 10 years ago. Some of that belief was restored today.

After listening to more legal analysis this morning I am unsure if Immigration status must be recognized in every state. Some say it will depend upon the state. Immigration comes under Federal law. We know states can pass immigration laws and policies but many times they are struck down because Immigration is under Federal purview.

But, this is not the first time our courts make decisions that seem opposed to the constitution. DOMA was a perfect example. Until DOMA the Federal government left it up to the States to decide matters of marriage and divorce. Historically it came under "States Rights." Also, States would honor, recognize all marriages from any state and then afford legal status to their union when in a state that did not perform the marriage. All of that was not the case for interracial couples until Loving vs. Virginia in 1967.

Now we shall see how each state decides to Queer marriages. There are still 37 states the define marriage as "One Man and One Woman."

This past Sunday I did speak to a diverse group of people primarily made up of straight white middle and upper class and there was representation from Latino, African American, LGBTQ and poor people. I addressed Immigration Reform. I reminded them that Senator Marco Rubio was doing every thing he could to keep Immigration Reform out of the reach of Same-Sex couples and families during this latest change in our immigration laws.

I am hoping the overruling of DOMA will now settle that particular immigration injustice. Our time is here. Never give up on humanity for all.

Does anyone have any clarification, analysis regarding how overruling DOMA impacts Immigration Law for LGBTQ?


Timeline for Interracial Marriage in USA:

http://civilliberty.about.com/od/rac...y-Timeline.htm

Timeline for LGBTQ Marriage in USA:

http://www.reuters.com/article/2013/...95P07320130626

[Sparkle]

PRESS RELEASE by the DOMA PROJECT


SUPREME COURT STRIKES DOWN ANTI-GAY
“DEFENSE OF MARRIAGE ACT” IN HISTORIC RULING

MARRIAGES OF SAME-SEX COUPLES NOW RECOGNIZED
BY THE FEDERAL GOVERNMENT, EFFECTIVE IMMEDIATELY

Gay American Citizens Can Now Sponsor Foreign-Born
Spouses for Green Cards, Ending Immigration Nightmare

In a groundbreaking and historic ruling, the Supreme Court of the
United States has placed itself on the right side of history and found
Section 3 of the Defense of Marriage Act (DOMA) to be an unconstitutional
exercise of federal authority and a violation of the equal protection
guarantee of the U.S. Constitution in a 5-4 decision authored by Justice
Kennedy. Originally signed into law by President Bill Clinton in 1996,
DOMA has denied lawfully married gay and lesbian couples from the
benefits and protections of more than 1,100 federal provisions. These
wide-ranging benefits include all of immigration law and the right of an
American citizen to sponsor his or her spouse for a green card and to file a
fiancé(e) visa petition to bring his or her partner to the United States.

Writing for the Court, Justice Kennedy stated unequivocally that,
"The federal statute is invalid, for no legitimate purpose overcomes the
purpose and effect to disparage and injure those whom the State, by its
marriage laws, sought to protect in personhood and dignity. By seeking to
displace this protection and treating those persons as living in marriages
less respected than others, the federal statute is in violation of the Fifth
Amendment."

The DOMA Project has filed over 70 green card and fiancé(e) visa
petitions for same-sex couples since its inception in 2010. The sole basis for
denial by the United States Citizenship and Immigration Services
(USCIS) was Section 3 of DOMA. After today's ruling, that obstacle has, at
long last, been removed.

Lavi Soloway, gay rights attorney and co-founder of the DOMA
Project, offers his view on the ruling:

"Today’s historic ruling puts millions of lesbian and gay Americans and their families
on equal footing under federal law. By ending thediscrimination against married same-sex couples,
the Supreme Court has extended the promise of equality granted by the U.S. Constitution to all
Americans regardless of sexual orientation. Beginning today, lesbian and
gay Americans will be able to file green card petitions for their foreign-born
spouses and fiancé(e) visa petitions to bring their partners to the United
States. The federal government will no longer stand in the way of lesbian
and gay binational couples who seek nothing more than to build a life
together in the United States. The Supreme Court’s ruling is the
culmination of years of the tireless efforts of courageous and determined
couples who stood up for the right to be together, and fought back against
a government that sought to tear apart their families. We expect the U.S.
Citizenship and Immigration Services to begin approving green card
petitions for married lesbian and gay couples immediately.”

The defeat of DOMA effectively means the end to deportation of
spouses of gay and lesbian Americans who will now be eligible for green
cards. It will reunite same-sex couples who have been torn apart and
forced to live in separate countries, including many cases in which parents
have been separated from their minor children, and it will end the exile of
gay and lesbian Americans who have been forced to live abroad in order to
be with the person they love. With Section 3 of DOMA gone, our
family-based immigration laws will now treat all families equally,
regardless of sexual orientation.

....

I've been weeping (happy tears) all morning for every binational couple who's life this will change.

[blackboot]

http://immigrationequality.org/2013/...needs-to-know/

[*Anya*]

NY TIMES TODAY 7/1/13

By JULIA PRESTON
An American man in Florida and his husband, who is from Bulgaria, have become the first same-sex married couple to be approved for a permanent resident visa, an immigration milestone that comes after the Supreme Court struck down a federal law against same-sex marriage.

The notice of approval of a permanent visa, known as a green card, was issued by e-mail late Friday to Traian Popov, a Bulgarian immigrant who lives with his American spouse, Julian Marsh, in Fort Lauderdale, Fla. The approval was evidence that the Obama administration was acting swiftly to change its visa policies in the wake of the court’s decision on Wednesday invalidating the Defense of Marriage Act, or DOMA.

The approval came so fast that it took the couple’s immigration lawyer, Lavi Soloway, by surprise. Mr. Soloway, who represents many same-sex couples, said he received the official message while he was attending the annual conference in San Francisco of the American Immigration Lawyers Association.

“I thought, ‘Am I reading this wrong?’ ” Mr. Soloway said in an interview on Saturday. Although it was a professional setting, he said, he began to weep with emotion when he realized the significance of the notice.

Speaking by telephone on Sunday from the couple’s home, Mr. Marsh said that he turned 55 on Friday and that he and Mr. Popov were celebrating with dinner at a Red Lobster restaurant when they received news of the unprecedented green card.
“It was just kind of a shock, like winning the lottery,” said Mr. Marsh, a music producer. “The amazing overwhelming fact is that the government said yes, and my husband and I can live in the country we chose and we love and want to stay in.”

Mr. Popov, 41, said he had been living legally in the United States for 15 years with a series of student visas. He has completed three master’s degrees, he said, and is working on a doctorate in social science at Nova Southeastern University in Florida. The couple married in New York last year, and they applied for a green card in February.

Immigration officials said the visa agency, United States Immigration and Citizenship Services, would announce new procedures early this week for same-sex binational couples seeking green cards. The first approval was also supposed to be issued this week, officials acknowledged, but eager officers at the agency pressed the button on the notice on Friday.