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View Diary: ♥ Today, Love Doesn’t Matter ♥ (101 comments)

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  •  Thanks for the Diary (14+ / 0-)

    Eventually the US will catch up on this issue, through the courts if nothing else as the bans on LGBT discrimination continue to fall.

    I do want to correct one thing you said:  not all heterosexual couples have "a simple solution."  There is one other group of couples that is similarly limited in its options:  those married couples where one of the foreign nationals is EWI (entry without inspection/illegal crossing of the border.)  While you are correct that for many who fall in love with citizens, it is a simple matter of getting a visa overstay forgiven after you demonstrate a valid marriage entered into in good faith, that is decidedly not the case with EWI.  Setting aside the benefits of INA 245i (which do not apply to anyone that wasn't already seeking an immigration benefit between 1998 and 2011), pretty much all that group of spouses has is the same option that LGBT folks have:  asylum or VAWA.

    Either that or leave the country for, depending upon how many times the foreign spouse crossed the border without inspection or whether there was an order of removal at some point, up to a lifetime.

    Of course, we all know who this particular provision of the 1986 INA was directed at, since if you enter the country by plane, you by definition have been inspected at the border (aka at the airport.)  Overstaying one's originally welcomed entry is completely waivable for a valid marriage to a US citizen and is routinely done.

    To be sure, these situations are not exactly the same - one group is affected by a law violation that is forgiven 90+% of the time for folks with the means to enter the country legally, the other did not do anything wrong at all.  And to be sure, the couples I mention can legally marry and the US government will recognize that marriage, a right still categorically denied to LGBT folks.  

    But when it comes to immigration laws not giving one whit about love, the group I mention also suffers at the federal government's bureaucratic hand in a way that others do not, and shouldn't be forgotten today.

    If you don't stand for something, you will go for anything. Visit Maat's Feather

    by shanikka on Mon Feb 14, 2011 at 07:20:27 AM PST

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