US family immigration policy for gay couples

[Butterfly]

US family immigration policy for gay couples
Inquirer Global Nation
By Lourdes Santos Tancinco
August 2, 2009


http://globalnation.inquirer.net/news/breakingnews/view/20090802-218372/US-family-immigration-policy-for-gay-couples


SHIRLEY TAN, a mother of 12-year-old twins, was arrested by the Immigration and Customs Enforcement early this year for being an undocumented immigrant. She has been staying in the US for 23 years but is prevented from getting her green card. Shirley is a lesbian and her partner, Jay Mercado, an American citizen, may not legally petition her.

[LordKAT]

I'd be amazed if federal laws changed before most states did.

[tekla]

I'd be amazed if federal laws changed before most states did.

I wasn't aware that states had any power over immigration issues.

[LordKAT]

The article goes into same sex marriages being recognized as a basis of having your partner petition for you to live and work in the us. Many states do not recognize same sex marriages and I doubt any thing federal will change until they do.

[tekla]

Its a common misconception that getting married to an American automatically makes you an American citizen.  It only gets you in at the head of the process, but many people have been unpleasantly surprised when their spouse is denied American citizenship.

And in the case noted, which has got quite a bit of local coverage here, it wouldn't make any difference as she has been in the country illegally for over 20 years as it is.

[LordKAT]

Its a common misconception that getting married to an American automatically makes you an American citizen.  It only gets you in at the head of the process, but many people have been unpleasantly surprised when their spouse is denied American citizenship.

I know many who have green cards and I have never met anyone who thought  you could be a citizen by marrying one. Even in this case, they were after a green card, not citizenship.

And in the case noted, which has got quite a bit of local coverage here, it wouldn't make any difference as she has been in the country illegally for over 20 years as it is.

That is true of the particular case but not in general.

There are other couples/families where one is a citizen and cannot petition for agreen card because of it being a same sex marriage or partnership.

[tekla]

She was in violation the day after her visa expired, which was before she met this other person.  The law requires that you return home (except in special circumstances, which she did not qualify for) and begin the process by applying in your home country, or start the process before the expiration of the visa.

[LordKAT]

I'm not arguing that point. I haven't disagreed with you at all. Why the tude?

[tekla]

I think she is pimping the LGBT cause to cover for her own illegal immigration.

[LordKAT]

Perhaps but it is only the opener for the article, not the gist of it.