Gay Marriage and Immigration: the Next Frontier

Palo Alto, CA, April 10, 2009 --(PR.com)-- Today, Paul M. Heller, Founder and Principal - Heller Immigration Law Group, issued a statement and wrote on his blog, blog.hilglaw.com that changes are coming for Gay couples who wish to proceed with "marriage-based" cases.

Although, he says, change is not imminent, it may "come sooner than one might think."

Mr. Heller writes, "for over 25 years now I have been witness to countless couples who must choose estrangement or entangle themselves in often unworkable or unreasonable immigration strategies to attempt to stay together."

He goes on to say that Gay couples "unfortunately have no rights under our federal immigration laws and that even if one member is here under non-immigrant status (meaning they are here temporarily), they cannot bring their loved ones to join them."

Mr. Heller states, "it is even worse for those who wish to remain in the U.S. and obtain permanent resident status or for those who are already U.S. citizens asking whether they can petition for their foreign-born partner."

He continues, "the world is changing rapidly now for Gay and Lesbian couples, many who for the first time have a chance to marry. But even for those couples who do marry, there still is the immigration impediment."

He writes, "although the new U.S. Congress will likely review the District of Columbia's recent action to recognize Gay Marriages (in other jurisdictions), it is clear that we may see sooner than later a re-examination of the federally mandated Defense of Marriage Act - which forbids the Federal government from recognizing Gay Marriage.

"Up to now, if a U.S. citizen 'partner' wanted to legalize the immigration status of their loved one, or give them 'dependent' status, they could not - as the USCIS does not recognize the relationship for immigration purposes."

Mr. Heller says, "Of course, eventually, the issue must come before the Supreme Court since one State generally cannot 'void' another State's laws under the U.S. Constitution. But until that happens nothing is likely to change."

However, he feels Supreme Court action may become moot since with this latest development, "The Congress will be forced, hopefully, to review the District of Columbia's decision and confront the issue frontally. If so, this may finally open the door to a re-definition of marriage for immigration purposes."

To contact Mr. Heller:

For more information, please contact or email: Heller Immigration Law Group, http://greencard1.com, email: heller@hilglaw.com. Telephone: 650/424-1900.

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