The Uniting American Families Act (UAFA) is a proposed statute that has yet to be passed by legislators in Washington D.C. This proposed legislation is currently in the news because it would amend current regulations to allow same-sex couples the right to Federal immigration benefits.

 

After several jurisdictions in the United States began discussion regarding legalization of same sex marriage, Congress created and passed the Defense of Marriage Act (DOMA). This legislation defined marriage as a domestic partnership between two people of the opposite sex. The Defense of Marriage Act had a critical impact upon American immigration law because before DOMA a same sex couple could theoretically have filed for American Immigration benefits after registering a legally binding marriage. Since the Defense of Marriage Act, a same sex couple that is legally married (even in a jurisdiction in the United States that recognizes same sex marriage, like Massachusetts) cannot obtain US Immigration benefits because the marriage is not recognized as such under DOMA.

Once passed, the UAFA would stipulate a new immigration category allowing “permanent partners” of United States Citizens and Lawful Permanent Residents to acquire immigration benefits. The provisions of the act are shrewd insofar as they avoid direct conflict with the definition of marriage as set forth in DOMA. Even if US law did not acknowledge the multi-national couple’s relationship status, it would probably bestow substantially similar immigration rights as those accorded to married people of the opposite sex. As time goes on and more local jurisdictions begin recognizing

same sex marriage, the Defense of Marriage Act will become somewhat innocuous and irrelevant because many of the several states will recognize the union and Federal benefits will be granted based upon the usage of different terminology to define the relationship.

An interesting aspect of the UAFA from the standpoint of a US Immigration lawyer is the process of proving a “permanent partnership.This author believes that, at least initially, there will be a great deal more scrutiny placed upon same sex visa applications because adjudicators may be worried about unscrupulous people using the new category as a means of fraudulently obtaining immigration benefits. To some extent, a visa based upon a permanent partnership will be analogous to a fiance visa which is a family visa based not upon actual marriage, but the existence of a genuine relationship. In cases involving permanent partnership the inent to marry would probably not be required, therefore the applicants for a visa based upon permanent partnership would only need to prove the bona fide nature of the continuing relationship.

For more information please see usa visa

 

FYI: This content is to be utilized for educational purposes only and is not to be considered as legal advice. No attorney-client connection is formed between the author and any reader of this article.

 

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