Breaching the Wall, and Staying the Course

By Rachel Tiven on 03/30/2011 @ 02:41 PM

Tags: UAFA, Comprehensive Immigration Reform, Congress, In the News

The last week has been a rollercoaster ride.

First, there were reports that some offices of USCIS – the agency that issues green cards – were holding applications of married lesbian and gay couples in abeyance. On Friday, USCIS headquarters denied that was the case. Then on Monday, a spokesperson from USCIS called the press to say that the agency had directed its local offices to hold marriage-related cases in abeyance. Today, the New York Times reports that USCIS has changed course from the position it took on Monday and that “the agency would probably resume action on same-sex marriage cases in coming days and would continue to deny immigration status to foreigners based on those marriages.” And Metro Weekly has just reported “The Hold is Over.”

If the government has changed course, Immigration Equality has not. We strongly reiterate our call for the Administration to stop separating our families. Since the historic announcement that the Department of Justice would no longer defend the so-called Defense of Marriage Act in court, we have been advocating with the Administration to stop tearing our families apart based on an unconstitutional law. We are also putting together our own federal lawsuit to challenge DOMA on behalf of lesbian and gay Americans with foreign national spouses. Our position remains the same.

In the meanwhile, the entire country is talking about our families and our issues. We are breaching the wall that keeps LGBT Americans from taking on the rights and responsibilities of marriage – including the opportunity to keep our families from being torn apart.

We have never been so close to victory, and our expert advice and analysis has never been more needed. Our legal team is fielding 20 times as many calls and emails as usual, from families who want to know: Are we finally safe? We wish that the answer were yes, because we know that every day of separation or uncertainty is too long to wait to move forward with your lives.

Because USCIS is now saying that they will not put applications on hold, most couples should not file a spousal green card application (known as Form I-130). Until the Administration agrees that no American should be separated from their family based on an unconstitutional law, those will likely be denied.

However, most couples who are considering marrying should do so. Public opinion is turning in our favor, and when we cross the finish line, your marriage – which is a powerful statement about the longevity and commitment of your lives together – will be key to ensuring that you and your husband or wife can remain together.

We are updating and expanding the legal information on our website by the hour. Please consult our legal team's latest FAQs - here - where your family’s questions may be answered. Every case is unique, and couples with complex questions can always contact our legal team via our website. Our counsel, as always, is free to the community. Please keep in mind, however, that the incredible demand for our help means that we cannot answer every question immediately, and please be patient.

Make no mistake: We will soon end DOMA and pass the Uniting American Families Act. Public opinion has tilted in our favor and we are closer than ever to making real policy changes that will keep our families together. Immigration Equality’s commitment to you remains the same. Together, we’ve put our families on the front page. Now, we can work together to win, once and for all.