BiNational Petition:- Remedial Visa -Stop Gap- Pending Legislation


The President of the United States, The U.S. Senate and The U.S. House

Re:-   Special Visa Process & Moratorium: Same-Sex Partner Sponsorship


Lesbian and Gays can marry, enter into Domestic Partnerships and civil unions, in some States and many places in the World, yet we cannot Stay together in the USA because we are unable to sponsor our spouses/partners for a green card.

While we wait for immigration equality under the US Immigration and Naturalization Act -to sponsor our foreign-born partners, we endure unconscionable and inhumane situations on a day to day, hour by hour basis. Our partners are persecuted at our airports by the profiling of ICE officials and arbitrarily turned away, despite having visas; our relationships are denied through our inability to live together in the US, or we live in fear, hiding or exile. We lose jobs, we lose homes, we lose our time with extended family, we give up our pensions. We are detained and deported.

So at this holiday time, when families are gathering together in happiness and joy, please find a way to remember those Americans. their beloved and children who, because of DOMA, cannot share these days- and all our community can do at this time is beg and pray for something extraordinary, perhaps a miracle. Our exiles and exiles-to-be cannot wait for the impending Immigration Reform battle or for UAFA to garnish more co-sponsors. Our binationals do not want to be the “Public Option” of Comprehensive Immigration Reform.

Asking President Obama for a special visa as a stop-gap pending Legislation to remedy an inequitous anomaly in the conflict between State and Federal Law:

1. Ask Congress to formulate a special interim Visa Program for Same-sex Spouses, Domestic Partners, Civil Union Partners, for entry into the USA, and for the ability to remain and work in the USA – possibly subject to renewal and/or- with a path to immigration.

This can be done in a similar manner to the R1 Visa Process. It should however be less complicated and could be set for termination when UAFA or similar legislation is passed, or until DOMA is repealed, that will grant the rights LGBT Americans are now denied.

2. The burden of proof would be similar to that required of a marriage – where, inter alia, the following is required:
a. Proof of certification of marriage, Domestic Partnership, Civil Union contract – from any jurisdiction, anywhere in the world, proving a contractual nexus between the spouses;
Intent to enter such certified relationship with proof required wuthin 6 months ( this alternate application is similar to Fiance Visa)
b. Affidavit of suport from American Spouse;
c. The same two year conditional residency as spouses have – where the parties attend an interview tot prove that they have been living together in relationship, to back up the contract in the exact same way as straight Americans are required to do;
d. A Partner with a ten year ban – who was in a same-sex relationship at the time of deportation or voluntary departure– ought to have the right for a case review, to negate the ban and specific criteria for this should be established;
e. Same sex couples ought to have a process to convert Visas to this Visa status, regardless of waivers they may have signed.
f. Visa Program can be subject to a Sunset provision and renewal – to circumvent fear of fraud.
(More detailed draft of legislation for such a VISA is available to anyone interested )

If this was done in the form of a special visa category and did not alter the Immigration and Naturalization Act in any way; it could perhaps work its way through the system quickly and effectively provide rights now denied Americans in same sex contractual and legal relationships. The way such Visa Program would be written will not conflict in any way with DOMA and its furtive restrictions on the Immigration and Naturalization Act.

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5 Comments on “BiNational Petition:- Remedial Visa -Stop Gap- Pending Legislation”

  1. David Scott December 27, 2009 at 6:27 PM #

    It should go without saying that a person should be allowed to marry whomever they choose. Until the right-wing, religious fanatics in this country stop trying to control everybody else and force their “morals” down the throat of the country, there can be no real freedom in the United States. I invite you to my web pages devoted to raising awareness on this puritan attack on our freedom:

  2. MaryAnn January 8, 2010 at 11:26 AM #

    Your idea for the special interim Visa for bi-national same sex couples is nothing short of genius. I say this for several reasons. First as you state, this is something that can be implemented immediately. There need be no stalling or exposure to “the party of NO” regarding this issue. President Obama, who I am sure 99.9% of the LGBT community supported in his election to president promised us, “no more” and “we will get this done” with regards to LGBT equality at the federal level. What most of the cable news talking heads leave out when they gleefully quip, “President Obama does not support same sex marriage” is that President Obama indeed does support civil unions at the federal level (read his books!). Your idea is something the Presidential staffers can put together very quickly and be implemented relatively easily. Heck you’ve already done most of the work!
    I hope that others who are in bi-national same sex relationships read and support your idea. Thanks again and best wishes.

  3. Shaun April 21, 2010 at 8:48 AM #

    This is a great idea. Sadly, the Immigration Equality organization won’t even consider it. They’re putting all of their eggs in the comprehensive immigration reform basket. First, CIR won’t even be considered until 2011. Second, there’s a very good chance there will be a Republican congressional majority by then to deal with. Finally, when Obama needs to compromise with the Republicans (and many Democrats, to be honest) to get the bill through, guess who will be cut out of the bill first? That’s right.


  1. Part Two: UAFA Now or 1,666 years of Stories: A Binational Xmas Wish in A letter to President Obama - Lez Get Real - March 24, 2010

    […] BiNational Petition:- Remedial Visa -Stop Gap- Pending Legislation ( […]

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