k*****e
发帖数: 22013 | 1 S.F. gay married couple loses immigration battle
Washington --
Citing the Defense of Marriage Act, the Obama administration denied
immigration benefits to a married gay couple from San Francisco and ordered
the expulsion of a man who is the primary caregiver to his AIDS-afflicted
spouse.
Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of
Australia, were married seven years ago in Massachusetts. They have lived
together 19 years, mostly in an apartment in the Castro district. The U.S.
Citizenship and Immigration Services denied Makk's application to be
considered for permanent residency as a spouse of an American citizen,
citing the 1996 law that denies all federal benefits to same-sex couples.
The decision was issued July 26. Immigration Equality, a gay-rights group
that is working with the couple, received the notice Friday and made it
public Monday. Makk was ordered to depart the United States by Aug. 25. Makk
is the sole caregiver for Wells, who has severe health problems.
"I'm married just like any other married person in this country," Wells said
. "At this point, the government can come in and take my husband and deport
him. It's infuriating. It's upsetting. I have no power, no right to keep my
husband in this country. I love this country, I live here, I pay taxes and I
have no right to share my home with the person I married."
Husband's pleas
Wells pleaded with Homeland Security Secretary Janet Napolitano and
President Obama to intervene.
"Anyone can identify with the horror of having the government come in and
destroy your family when you've done nothing wrong, and you've done
everything right, followed every law," Wells said.
The agency's decision cited the Defense of Marriage Act as the reason for
the denial of an I-130 visa, or spousal petition that could allow Makk to
apply for permanent U.S. residency. "The claimed relationship between the
petitioner and the beneficiary is not a petitionable relationship," the
decision said. "For a relationship to qualify as a marriage for purposes of
federal law, one partner must be a man and the other a woman."
Obama and Attorney General Eric Holder decided earlier this year that the
law, commonly known as DOMA, is unconstitutional on equal protection grounds
and that the administration would no longer defend it in court. House
Republicans hired an outside counsel to defend it instead. However, the
administration said it would continue to enforce the law, while exercising
discretion on a case-by-case basis.
ICE's director, John Morton, issued a memorandum in June that offered
guidance to agents in making enforcement decisions. Because no law
enforcement agency can pursue every case, they routinely prioritize where to
commit the government's limited resources.
The memorandum said prosecutions should seek to promote "national security,
border security, public safety and the integrity of the immigration system."
Makk meets several of the circumstances specified in the memorandum. Aside
from being a spouse of an American citizen, he is also the primary caretaker
of a citizen, has no criminal history, and has legally resided in the
country under various visas for many years.
The couple said they spent nearly $2,000 to file the petition that was
denied, and now must decide whether to file a motion to reconsider the
decision, which Wells said would almost certainly be denied, giving the
couple at most another 30 days of residency.
Makk gave up a professional career in Australia to be with Wells, and
started a business in San Francisco and invested in rental property to meet
various visa requirements. He said he has never remained in the country
illegally.
Poor alternatives
Wells could move to Australia, but he said doing so would require him to
give up his extensive medical care and insurance in the United States.
"We are appealing to the Obama administration to begin to put into action
what they've said repeatedly they can do," said Immigration Equality
spokesman Steve Ralls. "The Department of Homeland Security and ICE have
said again and again that they can exercise discretion in individual cases,
but they have not done so for a single gay or lesbian couple yet."
In rare cases, lawmakers can introduce so-called private bills to shield
specific immigrants from deportation, but only after deportation proceedings
have begun. Such bills are considered a last resort.
Drew Hammill, a spokesman for Rep. Nancy Pelosi, D-San Francisco, said
Pelosi has contacted immigration officials on behalf of the couple and "will
be working to exhaust all appropriate immigration remedies that are open to
pursue."
E-mail Carolyn Lochhead at c*******[email protected].
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/08/BAO71KKPEC.DTL#ixzz1UYdCQ6PO | p***2
发帖数: 374 | 2 郁闷，一边排EB2一边盼跟bf同性移民，没有一个给人希望。 | p********i
发帖数: 1963 | 3 啊呀，和我一样。。我eb２还不知道要到哪年哪月啊。。
【在 p***2 的大作中提到】
: 郁闷，一边排EB2一边盼跟bf同性移民，没有一个给人希望。
| L*****g
发帖数: 646 | 4 It is only possible if DOMA is repealed.. | p***2
发帖数: 374 | 5 恩 郁闷死，有跳槽机会都不能动，早知道就不来美国读书了，其他国家读完书就有身
份，还支持同性移民。
【在 p********i 的大作中提到】
: 啊呀，和我一样。。我eb２还不知道要到哪年哪月啊。。
| p********i
发帖数: 1963 | 6 我更跳不动。。有半年的non－compete，，这个和绿卡问题加一起就没有解了：（
【在 p***2 的大作中提到】
: 恩 郁闷死，有跳槽机会都不能动，早知道就不来美国读书了，其他国家读完书就有身
: 份，还支持同性移民。
| m******8
发帖数: 2153 | 7 http://www.pinknews.co.uk/2011/08/11/san-francisco-married-gay-
美国经济至少十年无解,社会很可能要大步趋向保守.能去其它好的地方趁早.
【在 p***2 的大作中提到】
: 郁闷，一边排EB2一边盼跟bf同性移民，没有一个给人希望。
| g********d
发帖数: 4174 | 8 RICK PERRY当了总统就是这个结果。
【在 m******8 的大作中提到】
: http://www.pinknews.co.uk/2011/08/11/san-francisco-married-gay-
: 美国经济至少十年无解,社会很可能要大步趋向保守.能去其它好的地方趁早.
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