A bill introduced by Vermont Sen. Patrick Leahy would eliminate the bar to spousal sponsorship for immigrants in same-sex marriages. It is likely that the Leahy bill will be integrated into the debate over comprehensive immigration reform, with an eye toward citizenship for undocumented immigrants.
Under current law, the U.S. Citizenship and Immigration Services does not recognize same-sex marriages. Historically, the law required the immigration service to recognize a marriage considered valid in any U.S. state. However, the USCIS position now is that a federal law, the Defense of Marriage Act (DOMA), prohibits a U.S. citizen or permanent resident from petitioning for a same-sex spouse. That’s true even if a state or foreign country recognizes the marriage. DOMA defines marriage as a union between a man and a woman for federal law purposes. Congress passed DOMA and former President Bill Clinton signed the legislation in anticipation that states would recognize same-sex marriages. Further, U.S. courts have found that when Congress used the term “spouse” in the Immigration and Nationality Act, it intended to exclude marriages between people of the same sex. Now that several states recognize these marriages, Congress is considering lifting the ban on same-sex marriage sponsorship. While Leahy is holding hearings on his bill, most commentators believe that Congress is unlikely to seriously consider the legislation until it begins the debate on comprehensive immigration reform.
Q: How can I get my passport renewed? What are the fees? My passport expired December 2008.
A: You have two choices. You can renew your passport by mail or by applying at a Passport Acceptance Facility. You can find Passport Acceptance Facilities at many U.S. post offices. If you apply by mail, the cost is $75. To renew at a passport facility, the cost is $100. I last renewed my own passport by mail and I was pleased with the results. I recommend using the mail service unless you have an urgent need to travel. If you apply by mail, you should get your new passport in four to six weeks. If you want to apply at a Passport Acceptance Facility, you can find a list online at http://iafdb.travel.state.gov/. Or, you can call (877) 487-2778. For general information on getting a passport, including how to get expedited processing, go to http://travel.state.gov/passport/passport_1738_2.html.
Q: My friend got her green card 25 years ago by marrying a friend who was a U.S. citizen. The marriage was never consummated. Now she is a U.S. citizen. She divorced the husband who petitioned for her, remarried, then divorced again. Her second ex-husband is now threatening to expose the sham marriage to get money from her. Is she at risk of losing her citizenship or getting prosecuted now that so much time has passed? Barbara, New York
A: It would be difficult for the government to take away your friend’s citizenship based on events that took placed 25 years ago. The same is true for a criminal prosecution. It’s not impossible for the government to go after your friend, but it is very unlikely. Getting permanent residence through fraud is a ground for denaturalization. However, for the government to take your friend’s citizenship from her, it would need to prove their case by “clear, unequivocal and convincing” evidence. That’s a high standard to meet, especially after 25 years. Besides, if the ex-husband tries to get your friend in trouble, he’ll have his own problems. Blackmail is a very serious crime. My bet is that the ex-husband won’t go through with his threat.
Q: I served eight years in the Navy and I went to war for this country, served in combat and left with an honorable discharge. However, the USCIS denied me U.S. citizenship because there’s an order of protection against me for harassing my ex-girlfriend. What can I do to get naturalized?
Petty Officer LG, New York
A: If you don’t violate the protection order, eventually you can get naturalized. The government can deport (remove) any person who violates a domestic violence injunction. To be a grounds for removal, you would have to violate the portion of the protection order that involves protection against “credible threats of violence, repeated harassment, or bodily injury. …” You can see that violating the order could cause you serious problems beyond being denied citizenship. While the law does not prohibit your naturalizing while under a protection order, the USCIS may refuse to naturalize you until the court lifts the order. I suggest meeting with an immigration law expert to assess your options.
Allan Wernick is an attorney and director of the City University of New York Citizenship and Immigration Project. He is the author of U.S. Immigration and Citizenship – Your Complete Guide, Revised 4th Edition. Send questions and comments to Allan Wernick, Daily News, 450 W. 33rd St., New York, NY 10001. Prof. Wernick’s Web site: www.allanwernick.com.
