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
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.