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the U.S.
House and Senate in support of the Uniting American Families Act.
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Date
Dear Senator / Representative _____________,
I urge you to support the Uniting American Families Act (UAFA), also
known as S. 1278 or H.R. 3006 (formerly known as the Permanent Partners
Immigration Act or PPIA). If passed, the UAFA would let U.S. citizens
and lawful permanent residents in binational same-sex relationships sponsor
their foreign-born partners for immigration to the U.S.
As the PPIA, the bill was first introduced in February
2000 by Congressman Jerrold Nadler (D-NY). It gained fifty-nine cosponsors
in its first year
in the House of Representatives. In 2003, Senator Patrick Leahy (D-VT)
brought companion legislation before the Senate. "Our immigration
laws treat gays and lesbians in committed relationships as second-class
citizens, and that needs to change," said Leahy. "This bill
would add America to the growing list of nations that extend immigration
benefits to same-sex couples. It is the right thing to do."
The UAFA, which currently has 104 congressional sponsors,
would fulfill the promise of family unification in the U.S. immigration
system by extending
eligibility to the foreign-born partners of U.S. citizens and lawful
permanent residents. It would add the term "permanent partner" to
sections of the Immigration and Nationality Act (INA) where "spouse" now
appears. Thus, a U.S. citizen or permanent resident could sponsor their
permanent partner for immigration to the country, just as they can now
sponsor such family members as siblings, children, or husbands and wives.
One would qualify as the permanent partner of a U.S. citizen or lawful
permanent resident if, among other things, one is:
- At least eighteen years of age;
- In an intimate relationship with the sponsoring adult U.S. citizen
or legal permanent resident, in which both parties intend a lifelong
commitment;
- Financially interdependent with that person;
- Not married or in a permanent partnership with anyone other than
that person; and
- Unable to contract with that person a marriage that is recognized
under the INA.
A permanent partnership is not marriage and would not affect the federal
definition of marriage. A successful application would confer no benefits
other than immigration status for the foreign national.
Because all binational lesbian and gay relationships
would be subject to the same scrutiny that eligible heterosexual relationships
currently
face, the UAFA would not increase the possibility for immigration fraud
through fake "partnerships." The Department of Homeland Security
(DHS) will apply the same standards that it applies to marriages in determining
whether a permanent partnership is genuine. Permanent partners, like
married couples, would be required to prove emotional and financial commitment
through (for instance) jointly owned property; shared child custody;
joint bank accounts; joint credit cards; shared insurance policies; evidence
of a commitment ceremony; or photographs of shared vacations and holidays
with extended family. Applicants for permanent partnership benefits would
face the same rigorous "green card" interview as married couples.
If the interviewer suspects fraud, the partners would be subject to a
second, still more rigorous interview in which they are questioned separately
to determine whether the answers are consistent.
Moreover, as with any family-based petition, the sponsor must submit
an Affidavit of Support on behalf of the partner. The Affidavit of Support
is a binding contract that lets the government sue if the immigrant accesses
means-based benefits before working for a set period of time, generally
ten years, or becoming a U.S. citizen. Finally, like married couples,
partners who have been together for two years or less are only eligible
to apply for conditional residence. This requires an additional interview
with immigration officials at the end of the two-year conditional status
to show that the couple is still together. Conditional residency also
deters fraud.
The UAFA would actually decrease marriage fraud by removing the reason
for foreign partners of U.S. citizens to enter sham marriages-often exploitative
and degrading-so that they can remain with their real partner in this
country. It would discourage unlawful presence, and let people live open,
honest lives. For otherwise law-abiding LGBT people running out of legal
options, their relationships would no longer lead to choices no one should
have to make.
We urge you to join human and civil rights organizations in support
of the UAFA such as: Immigration Equality, Human Rights Watch, Amnesty
International, Human Rights Campaign, American Immigration Lawyers Association,
Mexican American Legal Defense and Educational Fund, National Immigration
Forum, Legal Momentum, National Asian Pacific American Legal Consortium,
and People for the American Way.
I hope to hear from you about your support of this critical legislation,
the Uniting American Families Act, soon.
Sincerely,
(Your name and signature)
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