2015 Old Blog

Last week I had a one-on-one meeting with Northern Illinois University President Baker, who wanted to learn more about college DREAMers at NIU and how to help them. Like a child in a toy store, I was so excited to see his office and the secret balcony that I heard he had. We went through a secret door in his office to the second floor where he has his meetings with the vice presidents of the university. Then we took the stairs to the top level. In the top of the balcony I met President Baker the human being. We talked about the plans he has for NIU, the vision he has for the university, and the 20/20 plan. He didn’t present himself as this high authority, but as a humble man interested in my life. I was shocked; why would a man that has so much power be interested in a DREAMer?

Here at VISANOW, we encounter many situations in which companies sponsor employees who are applying for a work visa from a country outside the U.S. In these cases, we like to make sure that employees know about the special steps needed to obtain their visa that differ from the process of applying within the U.S.

Thanks to the repeal of DOMA this June, U.S. citizens and green card holders can now petition their same-sex spouses to reside permanently in the U.S. However, some gay couples are now asking, "Will our marriage green card application be handled differently by USCIS officers because we're not an opposite sex couple?"

The good news is that gay couples should be treated no differently than the millions of other couples who have applied and been approved for a marriage green card. The green card application for same-sex couples requires no extra steps or special restrictions, so on the surface the process is exactly the same. There are only a few instances where gathering evidence for a same-sex marital relationship might be a bit different, which are outlined here:

Providing evidence of a same-sex marriage if your relationship has not been public

One key difference in preparing the application for a same-sex marriage green can occur when the couple has been forced to pursue roundabout ways to stay united in the face of discriminatory laws and social prejudice. All couples applying for a marriage green card must provide ample evidence that they live together in a marital relationship. Collecting proof can be more difficult for certain same-sex couples who have previously hidden their relationship from the government or from their families for obvious reasons. Additionally, some couples may have represented their relationship differently to the U.S. government in previous immigration documents.

According to VISANOW-retained attorney Anne Walsh, "Any issues same-sex couples may face in producing documentation of their true and valid marriage won't be new to us [at VISANOW], and there are many document options for us to use such as phone records, emails and letters, mail to the same address, photographs, joint travel documents, affidavits by friends/family, etc." Any and all accounts the couple holds jointly, from museum memberships to a Netflix account, can help build a case for their marriage. If the couple stayed under the radar due to safety threats, a police report or notarized statement could help their case. Regardless of their orientation, all couples must be prepared to provide extra evidence and a suitable explanation to USCIS if a certain area of their application is lacking.

Applying for a same-sex marriage green card when one partner has a non-immigrant visa or is in unlawful status

Because of past U.S. immigration restrictions, there used to be no legal way for U.S. citizens and LPRs to bring their same-sex partner to the United States permanently. There are currently many gay couples with one partner living in the United States on a temporary or non-immigrant visa, including those with expired visas, simply because it was their only option at the time to stay with their significant other.

Applicants can be disqualified from certain types of temporary and non-immigrant visas such as the B-2 and F-1 visa if they reveal their intent to stay in the U.S. In the past, some immigration lawyers advised gay bi-national couples not to marry, since having a legal spouse in the United States would be a good motivation for the applicant to immigrate permanently. Luckily this is no longer the case.

Plenty of opposite sex couples have applied for and won their marriage green card even when the foreign spouse arrived on a temporary visa. USCIS accepts the fact that intentions change as circumstances in your life change, including meeting and marrying someone while in the U.S. for a separate purpose. Unless your visa is expired, there should be no issue.

With expired visas or other unlawful status, there are several options including the provisional waiver of inadmissibility, a complex process for spouses of U.S. citizens with immigration violations that might otherwise bar them from reentering the U.S. Many LGBT and immigrant activist organizations are currently lobbying USCIS to take a reasonable and fair approach to complicated immigration situations that have arisen from previous restrictions on gay marriage in the U.S.

Obtaining a same-sex marriage green card when gay marriage is not legal in your state or in your partner's country

Immigration is a federal matter in the United States so it's only important that the federal government recognizes your marriage when dealing with immigration issues. State and local restrictions do not apply here as long as your marriage happened in a marriage equality state.

If the foreign national significant other resides in a country that bans gay marriage and he or she has had trouble getting a B-2 visitor visa in the past, remember that the K-1 visa or fiance visa is now an option. The K-1 fiance visa is available to all U.S. citizens who wish to bring their fiance(e) over to the United States provided they follow all the general rules of a K-1 visa application and marry within 90 days.

The October 2013 visa bulletin was released this week and as we predicted, the family- based F2A category for green cards was not current for very long. When the priority date falls back in time as it has for the F2A category it is known as "retrogression." The F2A category, which is designated for the minor unmarried children and spouses of green card holders, remains current through September 30, 2013 but it will retrogress for October and probably for much longer after that.

Ever since I started college, I always had to face more struggles than other students. My freshman year I was afraid I would not be able to return for second semester because I could not pay for it. Even with my 3.8 GPA at the time, and all the multiple extracurricular activities, I still could not get any financial aid from the government. I was afraid to go ask for help because I did not know who in the school was an ally to DREAMers. My lifelong dream of getting an education was slipping away like water running through my fingers. I was losing hope and felt like it was not worth it anymore. Why struggle so much? Why work three times as hard just to see if maybe I would return? I felt hopeless and alone.

In the Northern Illinois University Latino Resource Center I found my salvation. Even if each year the story repeats itself, I know I will come back as long as I work hard in school and stay involved because I have the support of staff members, DREAM Action NIU, and other allies. I consider myself lucky because not many DREAMers have the strength to look for help; they just give up.

Last Tuesday, October 27, 2013 I was given the opportunity to be at a historical event for NIU. NIU’s President Baker came out and in front of the media and agreed to help DREAMers. This means many DREAMers to come will not have to go through the struggles that I did. Discrimination will decrease and hopefully we will get financial aid as well as emotional support.

During the event I was the only undocumented person in the panel. I represented all the DREAMers at NIU. I felt honored to be selected for this historical event sponsored by the Illinois Business Immigration Coalition and NIU. As a 21 year-old woman with a learning disability, I was shocked to be selected. I told them my story, how I came here, and how I was raised in a violent neighborhood. I informed them that I graduated in top 20 of 1,100 students in my high school. I spoke of my involvement in the executive board of the first Latin Honor Society at NIU. I mentioned that I am a mentor for other students through various groups and that I am in the Honors Program at NIU. During the summer time I worked three jobs, went to school and interned at VISANOW. Even with all this I informed them that I still struggle to come back each semester. President Baker acknowledged that the school does need to help us.

“It should not be this difficult for a student like Christian to get an education,” President Baker said. The other members of the panel were Billy Lawless, chair of the Chicago Celts for Immigration Reform, Emily Gray, executive director of World Relief, Manny Sanchez , chair of the Chicagoland Chamber of Commerce Employment Law Forum, and Lauren Carini, student at Wheaton College.

It has been a short journey for me. Two years ago I was living a double life not letting anybody know that I was undocumented. I was afraid of applying to DACA and I did not even know if I would finish my first year at NIU. Today I am two years from graduating with honors from one of the best business schools in the Midwest. I have fought for a voice to be heard not only for myself but for my people, for my family. As a DREAMer I am not the problem, I am one of the millions of solutions. To other DREAMers struggling like me, I tell you do not lose hope. Never let anybody tell you it’s impossible. On behalf of DREAM Action NIU and all DREAMers that attend NIU I thank President Baker for his support.

Not all United States visas are created equal. And when it comes to relocating to the U.S., citizens of countries with a high volume of immigrants must wait a great deal longer than others.