Permanent Partners Immigration Act (PPIA)

November 27, 2002

Currently, U.S. Citizens may marry their opposite sex foreign partners and petition the Immigration & Naturalization Service (INS) to allow their partners to become legal permanent residents (receive green cards). However, U.S. Citizens in same sex relationships cannot do so, regardless of how long they have been together or how committed their relationships might be. To remedy this injustice, New York Congressman Jerrold Nadler introduced HR 690B, the Permanent Partners Immigration Act (PPIA). The PPIA would simply add the words and permanent partner next to the word spouse, wherever that word appears in the context of spousal benefits under the Immigration and Nationality Act (INA). Doing so would allow U.S. Citizens in same sex relationships to sponsor their partners the same way Americans in opposite sex relationships do.

This bill is imminently fair in that same sex relationships are treated no differently than opposite sex relationships (other than the marriage requirement for opposite sex couples). To be a permanent partner entitled to immigration rights, the foreign national would need to be at least 18 years old, in an intimate relationship (with a U.S. Citizen) intended to be life-long and with financial interdependence (like sharing a bank account or mortgage), not involved or married or in a relationship with any other person, and unable to marry legally his/her U.S. Citizen partner in the United States. Evidence required by INS to prove the relationship would be no less stringent than the evidence required of opposite sex couples. Also, just as required of opposite sex couples, a foreign same sex partner would be placed on a 2 year conditional residency and be required to attend an INS interview with his/her U.S. Citizen partner before INS would grant a green card, and couples would be subject to severe criminal penalties for fraud or other systemic abuse.

You can write letters to your Congressperson and your two Senators in Washington and ask that they support the PPIA. You may also visit their local and Washington offices in person and call their offices by telephone. If you are not sure who your Congressperson and Senators are, you can call 202-224-3121 or log on to www.house.gov/writerep/ and www.senate.gov/senators/index.cfm. To track the bill's progress or see the entire wording of the bill, you can log on to thomas.loc.gov and type HR 690 into the search by bill number space at the top.

Important Points to Remember When Writing or Talking to Your Elected Representative

1. Immigration laws have historically had as a basis the uniting and strengthening of families; however as currently written, they often destroy families of same-sex couples. The PPIA would correct this.
2. Currently, 15 other nations provide same sex immigration rights, including the United Kingdom, Canada, most of Western Europe, all of Scandinavia, Israel, South Africa, Australia and New Zealand. The United States is one of the only Western industrialized nations that does not provide such rights.
3. We are regularly losing some of our best and brightest minds because many same sex binational couples are having to leave the United States (often to Canada, which even allows for binational couples to apply for residence when neither partner is Canadian).
4. GLBT couples would be required to fulfill the same stringent proof standards with INS and be subject to the same severe criminal penalties for abuse as heterosexual couples.
5. Both Republicans and Democrats have signed on to the PPIA (97 co-sponsors as of August 19, 2002).
6. The Government's position has long been that immigration helps the economy tremendously. Thus, the H1-b cap has been increased (H-1b visas allow highly skilled foreigners to work here). Many partners of GLBT couples are here on such H1-b or similar visas, and allowing them to receive permanent residence under the PPIA would free up additional H1-b work permits so other talented workers to come and benefit our economy.
7. INS already recognizes the same sex relationships of those here on H-1b and other long-term non-immigrant visas. A same sex partner of such visa holders may enter on a tourist visa (if otherwise eligible for one), which can be extended as necessary for the length of time the partner remains in long-term non-immigrant status. If INS can recognize the same sex partners of non citizens and allow them to stay here based on their relationships (albeit for temporary stays), why can't INS do the same for same sex partners of US Citizen.
8. (Though I hate this point) Because the PPIA does not require same sex couples to be married, it does not interfere with the already-passed Defense of Marriage Act (DOMA), which proclaims that for federal purposes (including immigration), the Government will not recognize same-sex marriages.

What More Can Be Done?

1. Support and attend local meetings of the Lesbian and Gay Immigration Rights Task Force (LGIRTF): National Chapter. (e-mail: Info@LGIRTF.org, web site: www.lgirtf.org)
2. Support the efforts of the Human Rights Campaign. (www.hrc.org).
3. Support Lambda Legal Defense Fund's Marriage Project initiatives and challenges to DOMA (after all, if same sex couples received the same rights from marriage as opposite sex couples, we would not need PPIA). (www.lambdalegal.org)
4. Ask your elected City and State officials to do what many other cities have already done to show support for binational same sex couples-introduce and pass resolutions in support of the PPIA.
5. Support your friends who are in binational relationships or who are otherwise adversely affected by the discriminatory laws currently in place.

Take this matter personally, even if you are not in a binational same sex relationship! Current discriminatory laws are just one more way that GLBTs and others are treated as second-class citizens. MAKE NO MISTAKE, THIS IS EVERYBODY'S ISSUE!!