PENDING LEGISLATION WOULD ALLOW IMMIGRATION BENEFITS FOR GAY “PERMANENT PARTNERS”

As dysfunctional as our immigration system is, lately there has been some effort to improve some of the laws.  Some of these efforts are the result of successful litigation by the immigration bar, such as allowing concurrent filing for religious worker I-360s (to allow beneficiaries to apply for permanent resudence and employment authorization while their I-360 cases are pending, which often takes a year or longer) or a reprieve on deporting widows of US Citizens.  Other efforts some as a result of Congress taking action to offer immigration benefits to same-sex permanent partners. 

According to an article on chron.com:  “Legislation pending in Congress, the Uniting American Families Act, would create a new category in immigration law for “permanent partners” and offer same-sex couples the same benefits for immigration purposes as heterosexual couples.”

As gay marriage becomes a reality in more and more states, it makes sense that our immigration laws should follow suit.  However, because same-sex marriage is still not legal in most states, a federal law that would allow only gay “married” couples to adjust status would not make much sense. 

These piece-meal improvements to our laws are much better than nothing but are hopefully only a preview of major immigration reform that a majority of Americans, foreign-nationals and employers realize is so badly needed. 

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

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