Article Directory :: Legal Articles

US Tourist Visas for LGBT Couples

By Ben Hart

Republish: EasyPublish™ Published: 30Oct2010 Word count: 430 Viewed: 250 time(s) Get Free Content For Your Site

An infrequently discussed topic in Immigration circles revolves around the legal discriminations and restrictions imposed upon Lesbian, Gay, Bisexual, and Transgender bi-national couples in the context of United States Immigration. This article is intended to briefly explore the issue of US visas for LGBT loved ones of American Citizens and Lawful Permanent Residents.

Different-Sex couples often have problems obtaining US tourist visas pursuant to section 214(b) of the United States Immigration and Nationality Act. This law requires the Consular officer making an adjudication in a visa matter to presume that the applicant is intending to immigrate to the USA unless he or she can show evidence to mitigate this presumption. The same analysis used to scrutinize a different-sex girlfriend or boyfriend of an American Citizen or Lawful Permanent Resident may not necessarily be used to scrutinize a same sex partner of an American Citizen or Lawful Permanent Resident notwithstanding section 214(b) as same sex couples under current American law since the Defense of Marriage Act (DOMA) compels the United States Federal government and its officers to not recognize same sex unions.

This legal ignorance of same sex relationships would mitigate in favor of a same sex couples applying for a US tourist visa as compared to a different-sex couple since the adjudicating officer can take notice of the fact that such a couple could not use a tourist visa as a circumvention to obtain an adjustment of status in the United States since the United States Citizenship and Immigration Service (USCIS) cannot grant adjustments of status to same sex couples notwithstanding a lawful marriage in a US State which recognizes such unions pursuant to the provisions of the Defense of Marriage Act. Therefore, tourist visa applications for same sex couples may have comparatively more likelihood of success as opposed to different-sex couple as a result of the fact that different sex couples may legally wed in all US states and territories and petition for Immigration benefits based upon said legal relationship. In the case of US fiance visas the Immigration benefit may be granted based upon an intended union to be solemnized or legalized with 90 days of a foreign fiance's admission to the United States of America.

Until the Defense of Marriage Act is either repealed by Congress (as could happen in the event of Comprehensive Immigration Reform) or by the United States Courts (which could happen in one of two cases currently pending in US Appellate jurisdictions) same sex couples may continue to have a relative advantage to their different sex counterparts in the US tourist visa process.

EasyPublish™ this article - publishers click here

More articles by Ben Hart

Free Report!
Ten Essential Secrets Of Article Marketing ... Grab Your Free
Copy Now:

Need Content?
Regular Top Quality Content for your Blog, Ezine or Website ...
Delivered Direct,
For Free!
Click For Details