Some gay couples seek green cards in final effort to fight deportation in light of changes

[alp227]

Source: Associated Press

CATHEDRAL CITY, Calif. — Faced with losing the life they’ve built together in the dusty California desert town of Cathedral City, Doug Gentry and Alex Benshimol are making a last-ditch effort to stave off the looming threat of deportation.

To a large degree, the couple is stuck. While the American information technology consultant and Venezuelan pet groomer wed at a romantic Connecticut ceremony last year, the federal government won’t recognize the marriage between the two men — and as a result, won’t approve their application for a green card.

But the couple, and others facing a similar predicament, are still trying. The men don’t expect to actually obtain a green card any time soon and have already been shot down once but hope filing an application might convince an immigration judge to at least refrain from deporting Benshimol while the fiery legal debate over the country’s same-sex marriage laws simmers.

“There have been so many ups and downs on this roller coaster. I really don’t know what to expect,” said Gentry, 53. “It can’t hurt (to refile). All they can do is deny it again.”

Read more: http://www.washingtonpost.com/national/some-gay-couples-seek-green-cards-in-final-effort-to-fight-deportation-in-light-of-changes/2011/06/05/AGq9DfJH_singlePage.html

[dkf]

1. Why are we so blasé about enforcing tourist visas anyway?

The way I figure it screwing up your legal status should invalidate a green card whether you are straight or gay. Are other countries so permissive about not leaving when you are supposed to?

[dipsydoodle]

2. Different in the UK

where Civil Partnerships are legal. I found this just doing a routine search : http://www.suite101.com/content/immigrating-to-the-united-kingdom-a43998

The issue did gain some notoriety here a few years ago when it became apparent that it could be used as a loophole for some to simply claim they were gay when they were in fact not so. At least one firm of solicitors were running the scam and in a specific instance a guy attempting to come into the country from Indai spoke no english whatsoever and there was no proveable previous contact between the two "partners" at all.

[dkf]

4. But how do other countries treat people who overstay visas?

[No Elephants]

5. The Op is about a married couple being treated unfairly. This is not a general immigration thread.

[Bluebear]

7. She doesn't care either way.

Trust me.

[No Elephants]

9. I trust you.

[CreekDog]

12. jeez

you must go to funerals and say things like, "well, he/she was old anyway". :eyes:

[RaleighNCDUer]

14. This is not about your hated illegal immigrants - it is about inequal application of the law.

"Benshimol came to the country 12 years ago and overstayed his tourist visa —an immigration violation that straight couples can remedy once married."

If straight couples have a legal recourse in this situation, so should gay couples.

It is not about legal status invalidating a green card - it is about a married gay couple being ineligible for a green card, when a married straight couple is eligible.

[peachykeen]

16. Safety in Venezuela

Mr Benshimol expresses fear at returning to Venezuela as an openly gay man. Is this fear of his relatives or are there things he needs to fear from venezuelan law?

[gtar100]

3. Another example of why gay marriage is more than just ceremonial.

The government wouldn't do break up a couple if they were a man and a woman. Clearly these laws banning gay marriage are unconstitutional and the government has no right to discriminate. They do so, however, on grounds of favoritism towards religious bigots.

[No Elephants]

6. Of course it's more than ceremonial. It affects income taxes, Social Security Survivors' benefits

and a host of other things subject to federal law, as well as, obviously, immigration.

And, in the overview, Jim Crow is Jim Crow, be it DOMA or DADT. As long as state or federal law tells the world you are "less than," it's an invitation for people to treat you that way. For instance, lynching did not end until Jim Crow ended. I don't think that was a coincidence.

[dballance]

8. This Isn't About Overstaying a Visa - It's About Marraige Equality

If this were a man and a woman no one would suggest she overstayed her visa once they were married. This is discrimination plain and simple. Equal protection under the law is part of our constitution. It's time we honor that. I'm sorry African-American ministers don't think gay people deserve the same rights they want for their people but you can't pick and choose. Either we grant equal rights to everyone or no one. I don't like the KKK but I will die defending their right to say what they want no matter how offensive I find it. That is the basis of the freedom of our country.

[eilen]

10. I knew a Chinese gal who's husband had to return home

to take care of his ailing mother. When he wanted to return, his visa was denied. She was here and working, attending graduate classes but unable to get her husband back in the US.

[eilen]

11. I don't understand the disconnect on Civil Rights.

This is what it comes down to.

[Corruption Winz]

13. Awful.

I don't understand how this country can say everyone is equal, in light of moments and situations like this? I mean, it doesn't make sense.

[BlueIris]

15. Yep. Poor guys. nt