Miami-Dade

Gay U.S. citizens seek to claim residency for foreign spouses

 

A recent immigration reform measure proposed by an Illinois congressman would give gay U.S. citizens the right to claim foreign spouses for green cards.

achardy@ElNuevoHerald.com

Juan Carlos Galán and Greg Nardi of Miami Beach live together as a family and would like to get married.

Then Nardi, a U.S. citizen, would claim Galán as a relative and help the Panama-born computer expert get a green card.

For now, though, these are just dreams -- unless President Barack Obama can convince Congress to pass immigration reform.

Rep. Luis Gutierrez, D-Ill., who last December introduced the first immigration reform bill of the current congressional session, announced in May that he intends to add provisions that would include same-sex couples and their families.

Gutierrez plans to incorporate into his bill language from the Uniting American Families Act, offered by Rep. Jerrold Nadler, D-N.Y., a longtime proponent of the measure.

``Our immigration system must reflect the reality of our economy and society and how we treat same-sex couples and families is just one example,'' Gutierrez said. ``Right now, too many same-sex binational couples face an impossible choice: to live apart or break the law to be with their partners, families and children. That's not good for them, and it is not good for the rest of us either.''

Such a change would for the first time allow U.S. citizens in gay relationships to claim foreign partners as relatives so they can apply for permanent residency and then citizenship.

Galán and Nardi say they hope U.S. Rep. Ileana Ros-Lehtinen of Miami -- a leading Republican gay-rights proponent -- becomes a co-sponsor of the bill.

So far, Ros-Lehtinen is noncommittal.

``I am studying a variety of important immigration bills that may be debated later this year,'' Ros-Lehtinen said in an e-mail to The Miami Herald. ``Each bill is of great importance to those individuals who are impacted, and I will give this legislation serious consideration.''

Under existing immigration law, a U.S. citizen or resident married to a foreign husband or wife can file what is known as a Petition for Alien Relative, which is not available to gay or unmarried couples.

Proposals would modify immigration law, adding a permanent-partner option. The change would define a permanent partner as an individual 18 or older in a committed, intimate relationship with another adult in which both intend a lifelong commitment. The United States does not recognize same-sex marriages.

Obama resumed efforts to push for reform during a speech Thursday at American University in Washington. He did not address the issue of same-sex partners.

Whenever reform is adopted, it may be too late for Galán and Nardi.

Tired of waiting for the American Dream, they have decided to leave the United States and move to Canada, where Galán will be able to claim Nardi as his foreign spouse.

Canada is one of several countries that recognize gay couples for immigration purposes, according to Immigration Equality, a Washington-based group seeking rights for lesbian, gay, bisexual, transgender and HIV-positive people.

Galán, who has a U.S. business visa, qualifies for Canadian residency under Ottawa's point-based immigration system. His technology expertise, education and proficiency in languages helped him score the necessary points to win a Canadian green card.

As an immigrant in Canada he can then claim Nardi.

``It's ironic,'' Nardi, a yoga instructor, said, reflecting on the sharp differences in what gay couples can and cannot do in neighboring countries. ``Here I am not allowed to file for Juan Carlos but over there he can file for me.''

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