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Guest Article: Uniting American Families Act, a fact sheet published by Immigration Equality

Immigration Equality is a national, grass-roots organization that fights for equality under U.S. immigration law for lesbian, gay, bisexual, transgender, and HIV-positive individuals.  Founded in 1994, as the Lesbian and Gay Immigration Rights Task Force, the organization has grown to a membership of 10,000 in cities all over the country.  The organization is run by a Board of Directors, and has a full-time staff in its National Headquarters in New York.  Immigration Equality is funded by donations from its members as well as support from private foundations.  Find out more at http://www.lgirtf.org. 

The U.S. immigration system is built upon the principle of family unification. Under the U.S. Immigration and Nationality Act (INA), a U.S. citizen (USC) and/or a legal permanent resident (LPR) may sponsor his/her spouse for immigration purposes. Despite this fact, same-sex unions are not recognized for federal immigration purposes. As a result, USCs and LPRs in same-sex relationships cannot sponsor their partners for immigration benefits. Consequently, thousands of lesbian, gay, bisexual and transgender (LGBT) bi-national couples are forced into exile, long-distance relationships, or forced to stay together with the foreign born partner in non-immigrant status and therefore under constant fear of deportation. The Uniting American Families Act (“UAFA” and formerly known as the Permanent Partners Immigration Act) would help to remedy this injustice. 

What is the UAFA? 

The UAFA is a bill that will be introduced in mid-June in the Senate by Senator Patrick Leahy (D-VT) and in the House of Representatives by Congressman Jerry Nadler (D-NY). The UAFA, if enacted, would allow USCs and LPRs to sponsor their same-sex partners for immigration to the United States. 

How does the UAFA work? 

The UAFA would amend the INA by adding the term “permanent partner” next to “spouse” in those sections of the statute that currently allow a USC and/or a LPR to sponsor his/her spouse for permanent residency. Under the UAFA, a person may qualify as the permanent partner of a USC or LPR if, among other things, he/she is:           

   At least 18 years of age;

  • In an intimate relationship with the sponsoring adult U.S. citizen or legal permanent resident in which both parties intend a lifelong commitment;
  • Financially interdependent with that person;
  • Not married or in a permanent partnership with anyone other than that person; and
  • Unable to contract, with that person, a marriage that is recognized under the INA.

Are other countries providing immigration benefits for same-sex couples? 

Yes. Sixteen countries—including most of our key allies and trading partners—provide immigration benefits to same-sex couples: Australia, Belgium, Brazil, Canada, Denmark, Finland, France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, South Africa, Sweden, and the United Kingdom. 

What is the status of the UAFA? 

The UAFA will be reintroduced in the Senate and House of Representatives in June 2005. Contact your elected officials TODAY and ask them to be an original cosponsor of the UAFA.

For more information please contact:

 

Immigration Equality

Adam Francoeur

(212) 714-2904 x 21

info@immigrationequality.org

 

 

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