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Gay U.S. citizens seek to claim residency for foreign spouses
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Juan Carlos Galán and Greg Nardi of Miami Beach live together as a couple 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 in 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.''
STEP TO CITIZENSHIP
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 to add a permanent-partner option would define a permanent partner as an individual 18 or older in an intimate relationship with another adult in which both intend a lifelong commitment. The United States does not recognize same-sex marriages.
Obama resumed his push for immigration reform in 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 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 language proficiency 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,'' said Nardi, a yoga instructor, 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.''
Galán arrived in the United States as a 17-year-old and studied psychology at the University of Texas. He now works in data management in a North Miami office. His employer sponsored him for the business visa that allows him to live and work in the United States.
He met Nardi two years ago online and they began dating. Eight months into the relationship they began living together in a Miami Beach apartment.
It was at that point Galán and Nardi began discussing their future because of Galán's immigration status. His visa will expire at some point and he has no direct path to permanent residency unless his company sponsors him for a green card.
``They are nonprofit and they cannot afford it,'' Galán said.
Galán and Nardi decided they could not wait to shape their future together and began the process of moving to Canada. ``I'm applying on my own merits, and I'm taking my partner with me,'' said Galán, who plans to marry Nardi soon after settling in Canada early next year.
HOPING TO STAY
If immigration reform including a same-sex couples provision becomes law before Nardi and Galán leave, they might stay in the United States.
``We'll cross that bridge when we get there,'' Galán said.
A majority of binational gay couples in the United States live in the Miami/Fort Lauderdale area, New York, San Francisco and the major urban centers in Texas, according to Steve Ralls, communications director for Immigration Equality, a 10,000-member group founded by two attorneys in 1994.
An estimated 2,902 gay, bisexual and transgender binational couples live in Florida, according to the Williams Institute at the University of California in Los Angeles, a think tank that concentrates on sexual orientation law and public policy.
Same-sex binational couples in the U.S. are about evenly split between male and female, Ralls said.
Immigration Equality's increasing caseload indicates that binational gay couples have become more common, Ralls said.
``This is, unfortunately, their only option for a permanent solution,'' he said. ``Canada certainly is option No. 1, because of the proximity to the United States. It allows the American partner to maintain their extended family connections in the U.S.''
Some countries in the European Union are also options, Ralls said.
BY ALFONSO CHARDY AND STEVE ROTHAUS
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