Immigration Law

Most U.S. citizens can marry a person from another country and sponsor their spouse for immigration into this country. However, because of the Defense of Marriage Act, same-sex couples must often rely on temporary visas, knowing that when the visa expires they will be faced with separation or emigration to one of the 16 countries that will accept them as a couple. According to Immigration Equality marrying a same-sex foreign national may even cause a visa to be denied because, "the Immigration official may conclude that if the non-citizen is married to an American, it is likely that he or she intends to remain in the U.S. permanently. There is therefore a danger for foreign nationals in entering into a same sex marriage at this point."

An article in the January 9, 2004 LA Weekly describes the situation of bi-national couple Christine and Jessica:

If Jessica and Christine were straight, they could fly to Las Vegas to marry, and the next day Jessica would be eligible to work and reside here permanently. Instead, as a lesbian couple with no right to marry, they’ve exhausted their legal options, and they’re giving up on the United States to move to Canada.

“We’re going to be refugees,” said Jessica, who withheld her last name, fearing the government will deport her before the Canadian paperwork is approved. “When I first came to the U.S., I had all these ideas about what this country represents — equality and human rights. It’s not at all like that. It’s in the Constitution, yet it doesn’t mean anything if you’re gay.”

Refugees from the United States, Jessica and Christine are hardly alone. Thousands of bi-national gay couples are forced into exile in order to stay together. Though 15 countries recognize same-sex partners for immigration purposes, the United States lags behind most of the civilized world, including South Africa and Israel. One Angeleno recently fled with his lover to China.

The national organization Immigration Equality states that, "Every day we hear from desperate couples, forced to choose between the partner they love and the country they love..."

For more information on the work of Immigration Equality and answers to frequently asked questions about immigration issues for bi-national couples, visit their website.