STOP THE DEPORTATIONS THE DOMA PROJECT: USCIS Announces: Abeyance Policy is National - Green Card Applications Filed By Gay Couples Will Be on Hold, Effectively Halting DOMA Deportations For Now

Monday, March 28, 2011

USCIS Announces: Abeyance Policy is National - Green Card Applications Filed By Gay Couples Will Be on Hold, Effectively Halting DOMA Deportations For Now

Read "Game Changer" and Chris Geidner's Metro Weekly article (here) that broke this news this afternoon. It is vitally important that all couples obtain expert legal advice from immigration attorneys with experience on LGBT issues and DOMA. Also, it is important to note that the USCIS has not made a commitment to holding cases in abeyance for any specific length of time; this policy is discretionary and may be withdrawn at a future date. For now USCIS is saying that abeyance is the policy as it waits "final guidance related to distinct legal issues."

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WHAT ARE WE FIGHTING FOR?

STOP THE DEPORTATIONS is a campaign launched in October 2010 by a group of married binational couples working with attorneys Lavi Soloway and Noemi Masliah, who are founders of Immigration Equality and partners in the law firm, Masliah & Soloway. Our purpose is to raise awareness of the cruel impact of the DEFENSE OF MARRIAGE ACT on married gay and lesbian binational couples and bring an end to that discrimination. Because the federal government denies recognition to legally married same-sex couples, they are deprived of the usual access to immigration laws that allow all other American citizens to petition for a green card for their foreign spouses.

In most cases, DOMA is the only obstacle preventing married binational couples from achieving resolution of the immigration issue. Because of DOMA, married binational couples are faced with the very real threat of being torn apart because of expiring visas or deportation orders. Many binational couples are exiled to third countries where their relationships are recognized under the law. Still others are kept apart, left to maintain a long-distance relationship on line, by phone calls and visits.

Every day in this country there are gay and lesbian Americans whose spouses face deportation proceedings. This must end. We cannot sit by while the government destroys the hopes and dreams of loving couples. Join our fight against DOMA and help bring an end discrimination against same-sex binational couples. For more information on how you can get involved email us here.

DOMA Project Participation

We invite potential DOMA project participants to contact us if they are same-sex binational couples who are married (or planning to marry) and who want to join our campaign to end discrimination in immigration law. With the exception of our DOMA Project participants, we do not encourage any married same-sex couple to file an I-130 Petition for Alien Relative as such a petition will be denied and the filing of the petition may have significant negative consequences on the foreign spouse's future eligibility for various non-immigrant visas, or precipitate removal proceedings if that person is in the United States without lawful status. Any binational couples considering marriage should consult THE DOMA PROJECT or other qualified attorney or appropriate gay rights organization to discuss the potential consequences for eligibility for non-immigrant visas and to address other immigration related concerns. To learn more about our DOMA Project, contact us here. Your story is a vital part of winning this struggle.

ADD YOUR STORY

We are actively looking for binational couples to join this campaign. Your testimonials, videos, photographs, etc. will help us put discrimination into terms that everyone can understand: its cruel impact on individual couples and families. Anyone interested in getting involved to help raise awareness of the impact of DOMA on binational couples should contact us here. All information received will be confidential. Couples who want to participate without revealing their full names or other identifying information are welcome. Binational couples who are currently in separate countries and binational couples living abroad are also welcome.