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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Dec. 7, 2001)
december 7.2001 « Ju st out 25 A ffa irs Editor's note: Because of the precarious situation in which these subjects find themselves, their names have been changed and certain identifying informa tion withheld. W Sam e-sex binational couples face tighter im m igration policies by Lisa Bradshaw Brian met Kobi in 1995 in Tel Aviv, where he moved after completing studies at Hebrew University in Jerusalem. He was working as a waiter when “one fine summer day, the most gorgeous man 1 had ever laid eyes on walked in. With a girl. Story of my life.” Fortunately, Kobi’s gaydar was sawier than Brian’s, and the two managed to hook up. “We’ve been together almost every night since,” Brian says. The pair lived together in Israel, making a life Brian calls “good but very hard.” Because of the lack of decent jobs, “we would both work 90- to 100-hour workweeks and get a total pay- check between the two of us of less than I make on my own here now.” They moved to the United States last year, thinking they might return to the Middle East eventually. But because of Israel’s ongoing con flict, that option is impossible. “Daily there are terrorist attacks, from shoot ings to bombings,” Brian says. “The economy is in a shambles...the unemployment rate is the highest it has ever been.” Israel also has compulsory military service, which Kobi would be required to fulfill in the form of what Brian refers to as a “so-called ‘reserve unit.’ ” He says these are the soldiers who “always wind up in body bags.” Kobi has been in the United States on a vis itor visa, which expired in June. Their lawyer told them he should apply for a student visa, “as that was our only hope to keep him here,” Brian says. Six months later, they still are awaiting a response from the INS. In the meantime, Brian is arranging for a possible move to Canada, a country that has become sanctuary to numerous displaced bi- national couples. In an amazing show of human interest, it allows U .S. citizens to live there, then sponsor their same-sex partners for resi- dency, complete with the right to work. This seems like a viable solution, but it makes Brian angry he might have to go through with it. “It is my right as a United States citizen to live in my country, of which I have never been more proud— nor more ashamed...what the INS is now doing to people of Mideast descent is horrific.” He says he lives in constant dread. “We know several Israelis who have been rounded up and thrown in prison...They tell of other foreigners in prison with them who have been there for years on no charges.... So are we afraid? Yes...we are scared of the government of the United States. ‘The home of the free.’ Right.” JH T! PHOTO BY MARTY DAVIS hen foreign same-sex partners of U .S. citizens enter this country know ing full well their inten tion is to relocate and stay with their partners, they are breaking the law. Unlike married couples, same-sex bi national couples have no rights of immigration based on relationship. It is illegal for foreigners entering the United States to intend to stay longer than the length of their visas. If the Immigration and Natural ization Service officials at the airport suspect that you are entering for any cause other than your legal visa allows or that you plan to over stay for any reason, they have the right to send you back on the next plane and bar you from re entry for up to 10 years. Performance artist Tim Miller graced Port land last year with his one-man show about dis Performance artist Tim Miller explored the struggle for lesbian and gay immigration crimination against gay men and lesbians in rights in Qlory Box immigration. His partner of seven years is Aus tralian and lives with him in California. “The immigration system in the U .S.,” he 'rancisco, an immigrant from Central asserts, “seems to be made in such a way as to America, and his partner, Jonathan, settled However, the couple faced an agonizing sep aration at a U.S. airport a few years ago, com in Portland two years ago after meeting at grad create an underclass of people who don’t have uate school in Arizona in 1996. “He invited me the same rights as everyone else. It’s a constant plete with a Miller tirade against immigration over to his house for spaghetti,” Francisco says, source of cheap labor that has no right to officials insisting the government does not have unionize, that has no rights to benefits, that “and I never moved out.” the right to deny him his partner. “The only Both men have law degrees, which have can be removed at any time by calling the ethical choice,” he says, “is to no longer give helped them immensely in IN S.” the illusion that there are civil The couple do not hold much hope for the maneuvering the twists and liberties in the U .S. for gay "We are scared Permanent Partners Immigration Act in a post- turns of U .S . immigration people.” Sept. 11 climate. “It was possible before,” policies. Francisco entered the Things have gotten a whole o f the governm ent country on a student visa, Jonathan claims, “but it would not be political- lot more complicated for Miller o f the United States. which expired when he com- ly savvy for any of them to vote in favor of that and tens of thousands of other bill right now.” pleted his degree. couples since Sept. 11. 'The home o f the His partnership with Jon athan having no bearing on \ s part of a new immigration tracking plan khe Permanent Partners fre e / R ight." his U .S . residency, he was /~ \a n n o u n c e d by the White House, investi- Immigration A ct, spon — Brian forced to find an employer to gators are collecting data on all Middle Eastern sored by the New York-based sponsor him for a work-relat students at more than 200 universities nation Lesbian and G ay Immigra ed visa. Because of his education, he was eligi wide. Because the federal government has a tion Rights Task Force, was reintroduced to legal right to this information, schools have no Congress last February after sitting in com ble for the coveted H1B visa, which allows a three-year stay, providing the college degree is choice but to release personal records of foreign mittee for a year. Passage of the legislation would be a solid solution for same-sex bi put to use with an employer willing to com students. Investigators are contacting and interrogat- plete the daunting IN S paperwork and pay national couples. ing students directly. It is widely known among The act simply would replace all refer the filing fees. Francisco found such an employer. But when the population that more than 1,000 people of ences to “spouse” in immigration law with For more information contact the LESBIAN AND Middle Eastern and Central Asian descent are that company eventually went out of business, “permanent partner,” thereby allowing gay being held and questioned in connection with G ay I mmigration R ights T ask F orce Portland he was given 30 days to leave the country. couples to enjoy the same rights as married chapter at 503-471-1568 or lgirtfpdb<@hotmail.com. the terrorist attacks. “I had no options,” Francisco recalls. “It was couples— the right to sponsor one’s partner to Such is the reason Seattle-area resident live in the U nited States permanently and horrible.... These things happen without any L isa B radshaw is a writer and editor at Just Out. Brian and his Israeli partner, Kobi, live in fear. warning. obtain a green card. A total of 14 other coun Putting his knowledge of immigration law tries grant immigration rights to same-sex to work, Francisco applied for a work permit couples. Hopes had been running high for the Perma given to immigrants whose home countries have suffered a natural disaster. Thanks to a nent Partners Immigration Act amid LGIRTF chapters across the country. Now it seems all but hurricane, he was granted Temporary Protec- tive Status and allowed to stay in the country. impossible. He is employed at a nonprofit that is “Nearly all immigration laws which were pending on Sept. 11 are now on hold,” says sponsoring him for permanent residency, bet ter known as the green card— essentially immigration lawyer Steve Kay, a member of the what Jonathan is not allowed to do. The Portland LGIRTF chapter. In fact, because several of the hijackers green card allows the bearer to work any where; all other visas are considered non- entered the United States on student visas, strict legislation has been introduced to tighten immigrant and are job-specific. You cannot immigration policies, including possibly barring quit that job or you quit your visa, and you quit America. people from obtaining student visas who are Francisco realizes he’s one of the fortunate from terrorist-supported states. Regardless of ones because his education makes him a valu what legislation passes, Kay explains, “The able commodity and his legal background backlog resulting from Sept. 11— and the extra scrutiny all applications are now being subjected helps him work within the system. Without The Lesbian and Gay Immigration Rights Task Force provides support and information to times have | his degree, he knows he wouldn’t be here with to— has meant the processing same-sex binational couples Jonathan right now. increased dramatically.”
