Can a Honduran Citizen in a Same-Sex Relationship Remain in the United States?
Answered by David S. Buckel. senior staff attorney at Lambda Legal Defense and Education Fund.August 16, 2001
Can a Honduran citizen in a same-sex relationship remain in the United States?
Q: Dear David,
I am a Honduran citizen currently studying in the United States. I have been living with my partner for one year, and we want to join in a civil union in Vermont. We currently are residing in Louisiana, which has an anti-gay marriage law, and I am not sure if getting a civil union in Vermont will be legally meaningful.
My partner and I are concerned about the law for immigration purposes. My question is: Will being part of civil union do more harm than good if my final objective is to be with my partner in this country? I also would like to know if sexual orientation is still a factor in immigration decisions.
I love my partner very much and want to make the best choices available to us. Thank you very much for your attention in this matter. And I congratulate you for providing your expertise for the "common" people who really need it.
Sincerely,
Alex
A: Dear Alex,
Unfortunately, sexual orientation is still a factor in some immigration decisions. While merely being gay or lesbian is no longer grounds for refusing to allow a foreign national to immigrate to the United States, current U.S. immigration law does not allow gay and lesbian citizens or permanent residents to petition for their same-sex partners to immigrate.
In 1996, the U.S. Congress passed an anti-gay marriage bill, called the Defense of Marriage Act, which President Clinton signed into law. This law explicitly excludes same-sex couples from receiving any of the federal protections, rights and responsibilities of marriage - and defines "spouse" for the purpose of all federal law, including immigration law, as a person of the opposite sex. Even if you were able to get married within the United States, therefore, you would still face an obstacle under immigration law, which fails to include permanent partners in its definition of "family."
That is why there is an effort in the U.S. Congress to extend immigration benefits to permanent partners, which would help some binational families stay together during our long march toward the freedom to marry and a challenge to the anti-family "Defense of Marriage Act."
[Editor's note: The Permanent Partners Immigration Act, or H.R. 690, would modify the federal Immigration and Nationality act to provide same-sex partners of U.S. citizens and lawful permanent residents the same immigration rights that legal spouses of U.S. residents enjoy by adding the term "permanent partner" to the federal law's definition of family]
Obtaining a Vermont civil union, which provides the state but not the federal benefits of marriage, also may be problematic for this reason: A civil union may reflect an intention to remain permanently in the United States, which may cause complications for someone whose entry into the country is allowed only if there is no intention of remaining. I must, therefore, strongly recommend that you consult with an immigration attorney on this issue before taking action.
For more information, please visit The Lesbian and Gay Immigration Rights Task Force.
Sincerely,
David S. Buckel
Buckel is senior staff attorney at Lambda Legal Defense and Education Fund.
August 16, 2001