Immigration Law Options

So let's talk for a minute about what laws would need to change for Alex and me to stay here.

Uniting American Families Act (UAFA) - This act would add the word "or permanent partner" to current immigration laws at any place where the word "spouse" currently appears. What this would do is allow me to sponsor him for permanent residency on the basis of our relationship. This bill has over 100 sponsors in the House and 20 sponsors in the Senate. Hearings were held in the House on June 3, but so far no vote has taken place. This bill has been introduced every years since 1997, but has never reached the floor of either house for a vote.

Re-Uniting American Families Act - This act is primarily in place to help those who are trying to sponsor family members to join them in this country. Currently, the waiting list for these types of visas is up to 23 years. yes, twenty three years. The creator of this bill, Mike Honda, has added language that would also include gay spouses as well.

Comprehensive Immigration Reform - there are several bills expected to be discussed this year in Congress. 3 of them currently include language that would allow me to sponsor Alex for a green card. It is expected that the others would have that language added if they actually reach the floor for a vote.

Defense of Marriage Act - this law, if repealed, would allow the federal government to recognize gay marriages performed in other states or countries, and would therefore make it possible for gay married Americans to sponsor their non-American spouses exactly the same way that straight married Americans are allowed to sponsor their non-American spouses today.

Based on what I've read, I think that some sort of immigration reform is likely this year, but I don't know if Congress will have the will to push through immigration reform that includes gay rights measures, so I'm not entirely confident that we will see comprehensive immigration reform pass that will help our cause.

I also don't expect to see UAFA go to the floor for a vote this year. Despite the fact that the person who introduced this bill in the House, Patrick Leahy of Vermont, is the chariman of the appropriate committee in the House, I'm really not confident that this is going to guarantee movement. Even more upsetting, even though the Democrats now have a filibuster-proof majority, I don't think it will even be voted on in the Senate.

It is incredibly frustrating to see the solution to many of your problems being discussed in Congress and then watching as absolutely no action takes place after the discussion. It is discouraging to watch the same bill get introduced every year fo 12 years without ever having seen a vote on it. It is disheartening to see a full Democratic majority in both houses of Congress not even have a vote on an issue of gay rights, when most of them claim to be in favor of full gay rights. If you are in favor, why don't you vote for it?

It's possible that something will change, but I really don't expect to see movement on these issues unless Obama wins a second term. We're quickly running out of runway for this term, because gay issues will be swept under the rught in 2010 for the mid-term elections, and after that it will be Presidential re-election time, so if it doesn't happen this year, it likely won't happen until late 2012 or sometime in 2013.

As a couple, Alex and I don't have that kind of time. That's the reason for this blog, and that's the reason that we're preparing our exile.

-Andy