30 March 2011 ~ 0 Comments

Clarying USCIS On Gay Green Cards

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Last week, USCIS told us that they would hold green card petitions filed by same-sex married couples in abeyance. This week, they are telling the press something else. The last thing the agency wants is to spread the perception that they are not following the law of the land regarding DOMA. So now they are going back on their word and resuming deportations.

Amidst, all the confusion regarding the official position of USCIS on issuing green cards to foreign partners of same-sex couples, I stick by what I said originally: inundate them with thousands of marriage-based petitions from same-sex couples. I’d love to see them adjudicate all the petitions and pursue removal proceedings. As a community, it’s time to turn up the heat on the agency and Congressional members.

I’ll say two additional things:

  • USCIS never said it would issue green cards. No one has ever said that the new guidance would give them green cards. This will not benefit those that live abroad and those couples who are not legally married. The end.
  • But if you are tired of being undocumented and came to this country legally, this is your golden chance to get work authorization and all relevant documents besides a green card. It really makes a difference. You can drive legally, work legally, take out loans — what more do you need? If you came here illegally, you are just out of luck.

No organization will completely endorse this position. Because lets face it, we are all lawyers and lawyers never give absolute answers due to professional ethics and a desire to err on the side of caution. But social change is not made using caution. Or lawyers.

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