As the fight for legalizing same-sex marriages slowly trickles throughout states’ governments, another issue emerges: immigration for bi-national same-sex couples.
San Francisco Chronicle: Australian Anthony John Makk (right) is legally married to—and primary caregiver for—U.S. citizen Bradford Wells (left). Photo by Noah Berger for San Francisco Chronicle
Enacted in 1996, DOMA prevents the federal government from recognizing same-sex marriages, and while states are individually taking the proper steps for legalizing it within their boundaries, bi-national couples, even those living within legalized states, are unable to sponsor each other for a Green Card, causing the threat of deportation to loom over their heads.
Even with a legal marriage certificate, same-sex couples are being discriminated against for basic immigration rights.
Humanitarian paroles have been granted on a case-by-case basis at the discretion of the Secretary for the United States Department of Homeland Security, but as the cases are evaluated, loved ones are forced to separate, sometimes for months at a time.
Bradford Wells and his husband, Anthony John Makk, who is a citizen of Australia, have been together 19 years and been married for seven. The couple legally married in Massachusetts, but reside in California, where same-sex marriages performed in states that grant marriage licences to gay couples are legally recognized*. When Makk, who solely supports Wells as he battles severe medical complications from AIDS, was faced with potential deportation, the couple took action.
On Wednesday, the couple met privately in Washington with their representative, House Minority Leader Nancy Pelosi, visited congressional offices, and headlined an evening reception by Immigration Equality, the group giving them the legal aid for their fight.
Their application for spousal immigration rights, known as the I-130 visa, was denied in July. Though they’ve filed for an appeal, Makk is now, technically, an illegal immigrant.
Their story continues to bring in publicity and support, but even with strangers offering their basements to hide Makk from the authorities, their lawyer has advised that he not attempt to stay in the country without a visa. If caught, he could face a 10-year ban from the States, even if DOMA was repealed.
The only hope that this couple, and more than 300,000 others pending deportation, have is for the members of Congress to include same-sex married couples as a definition of family. “”We’re not asking for anything other than what is given to heterosexual married couples,” Makk told the San Francisco Chronicle. He meets every qualification for legal residence except for being in a same-sex marriage, he said. Were it not for DOMA, he said, “I would have been a citizen by now.”
*Figuring out where same-sex marriages are legally recognized, where marriage licences are issued, domestic partnerships given and civil unions granted can be confusing. Learn everything you need to know about the latest laws in every state here.
