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Napolitano affirms gay bi-national couples eligible for visas

DHS clarifies new policy in aftermath of DOMA’s demise

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United States Secretary of Homeland Security Janet Napolitano, gay news, Washington Blade
United States Secretary of Homeland Security Janet Napolitano, gay news, Washington Blade

Secretary of Homeland Security Janet Napolitano affirms gay bi-national couples are eligible for marriage-based green cards. (Washington Blade file photo by Michael Key)

Secretary of Homeland Security Janet Napolitano affirmed in a statement on Monday that marriage-based green card applications for gay bi-national couples will be treated just the same as they are for straight couples in the wake of the Supreme Court ruling against the Defense of Marriage Act.

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly,” Napolitano said. “To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

Immediately following the ruling, Napolitano had pledged to implement the ruling against the DOMA, but never before explicitly affirmed that meant the estimated 28,500 married gay bi-national couples in the United States could apply for visas through the I-130 marriage-based green card application process.

One couple has already received notification that the green card application was accepted. On Friday, Julian Marsh and Traian Popov, a Fort Lauderdale, Fla.-based couple, was the first  couple in history to receive notification  their I-130 marriage-based green card application was approved.

Napolitano’s statement is followed by a Q&A on what the Supreme Court ruling means for gay bi-national couples. The Q&A affirms they’re now eligible for a visa even if they live in a state that doesn’t recognize same-sex marriage.

Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?

A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of your marriage.

Q2: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?

A2: Yes, you can file the petition. In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward.

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2 Comments

2 Comments

  1. Michael Bedwell

    July 1, 2013 at 11:27 pm

    BRAVA! Paging Secretary of Defense Chuck Hagel: see how easy it is? No "consulting with the DOJ." No months of "research." No months of "training." No months of rewriting paperwork. No BULLS–T.

  2. JCF

    July 2, 2013 at 5:25 am

    This is AWESOME! The INS has effectively *nationalized* marriage-equality—no more waiting!

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Politics

Pete Buttigieg calls out Tucker Carlson over attack

Fox News host mocked transportation secretary over paternity leave

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U.S. Transportation Secretary Pete Buttigieg (Washington Blade file photo)

Appearing remotely on MSNBC’s Nicolle Wallace’s politics program Friday, U.S. Transportation Secretary Pete Buttigieg called out Fox News host Tucker Carlson for the attack on his parental leave.

“This attack is coming from a guy who has yet to explain his apparent approval for the assassination of Harvey Milk, ” Buttigieg said.

During his Thursday evening program Carlson said, “Pete Buttigieg has been on leave from his job since August after adopting a child—paternity leave, they call it—trying to figure out how to breastfeed. No word on how that went. But now he’s back in office as the transportation secretary and he’s deeply amused, he says, to see that dozens of container ships can’t get into this country.”

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National

Biden recognizes National Coming Out Day as time to honor LGBTQ people

White House statement denounces ‘bullying and harassment’

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President Biden recognized Oct. 11 as National Coming Out Day in a statement on Monday calling the occasion a time to celebrate the “courage of LGBTQ+ people who live their lives with pride, create community with open arms and hearts, and showcase the strength of being your authentic self.”

Biden ticked off in the statement the achievements on LGBTQ policy, including signing an executive order on his first day in his office ordering federal agencies to implement the U.S. Supreme Court’s decision last year against anti-LGBTQ discrimination to the furthest extent possible.

“Despite the extraordinary progress our nation has made, our work to ensure the full promise of equality is not yet done. Anti-LGBTQ+ bills still proliferate in state legislatures,” Biden said. “Bullying and harassment — particularly of young transgender Americans and LGBTQ+ people of color — still abounds, diminishing our national character. We must continue to stand together against these acts of hate, and stand up to protect the rights, opportunities, physical safety, and mental health of LGBTQ+ people everywhere.”

Read Biden’s full statement below:

Statement by President Joseph R. Biden, Jr. on National Coming Out Day

Today, we celebrate National Coming Out Day and the courage of LGBTQ+ people who live their lives with pride, create community with open arms and hearts, and showcase the strength of being your authentic self. Today and every day, I want every member of the LGBTQ+ community to know that you are loved and accepted just the way you are – regardless of whether or not you’ve come out.

My Administration is committed to ensuring that LGBTQ+ people can live openly, proudly, and freely in every corner of our nation. I am proud to lead an Administration with LGBTQ+ officials serving openly at the highest levels of government — and prouder that together we have made historic progress advancing protections and equal opportunities for the LGBTQ+ community. From acting on Day One to prevent and combat discrimination, to enabling all qualified Americans – including transgender Americans – to serve their country in uniform, to defending the human rights of LGBTQ+ people around the world, my Administration has been clear that we will continue to champion the dignity, equality, and wellbeing of the LGBTQ+ community. 

Despite the extraordinary progress our nation has made, our work to ensure the full promise of equality is not yet done. Anti-LGBTQ+ bills still proliferate in state legislatures. Bullying and harassment — particularly of young transgender Americans and LGBTQ+ people of color — still abounds, diminishing our national character. We must continue to stand together against these acts of hate, and stand up to protect the rights, opportunities, physical safety, and mental health of LGBTQ+ people everywhere. From defeating discriminatory bills to passing the Equality Act, we have more work to do to ensure that every American can live free of fear, harassment, and discrimination because of who they are or whom they love.

To LGBTQ+ people across the country, and especially those who are contemplating coming out: know that you are loved for who you are, you are admired for your courage, and you will have a community — and a nation — to welcome you. My Administration will always have your back, and we will continue fighting for the full measure of equality, dignity, and respect you deserve.

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News

Senators to Rachel Levine: Issue guidance on mental health for trans youth

New instructions sought as more than half of trans youth contemplate suicide

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Sen. Chris Murphy (left) is leading the call on Assistant Secretary of Health Rachel Levine to offer guidance on trans health care.

Sen. Chris Murphy (D-Conn.) is leading a group of senators who are urging Assistant Health Secretary Rachel Levine, the first openly transgender person to win Senate confirmation as a presidential appointee, to issue new guidance on mental health care needs for trans youth.

In a letter dated Sept. 30 and obtained Tuesday by the Washington Blade, the senators make the case current standards are insufficient for trans and gender expansive, or TGE, adolescents, including exploring, non-binary, agender, genderfluid and queer youth.

“Our goal is to help mental health providers offer the best care they can to the nation’s TGE youth without a delay in treatment,” the letter says. “The focus of this request is for the pressing needs of hospital or residential care even as we recognize the need for guidance across all settings of mental health care.”

Specifically, the senators call on the Behavioral Health Coordinating Council, or BHCC, and experts in the field of adolescent trans care to offer guidance on best practices for inpatient mental health care among these youth.

The senators address the letter to Levine, who in addition to being trans has a background in care for adolescent youth, and Miriam Delphin-Rittmon, assistant secretary for mental health and substance use.

Cited in the letter are findings from the Trevor Project, an organization that supports LGBTQ youth, which determined more than half of trans and non-binary youth seriously contemplated killing themselves in 2020.

“While behavioral health and pediatric organizations have published resources regarding TGE health care, we have heard from hospital providers they are seeking guidance on best practices for serving gender diverse youth in community residential and inpatient mental health settings,” the letter says.

The seven senators who signed the letter along with Murphy are Jeff Merkley (D-Ore.), Ben Ray Lujan (D-N.M.), Sherrod Brown (D-Ohio), Tammy Baldwin (D-Wis.), Tina Smith (D-Minn.) and Richard Blumenthal (D-Conn.).

An HHS spokesperson for Levine’s office, in response to the letter, told the Blade: “We have received the letter and will be reviewing it.”

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