Question: What is the difference between United States and Canada in regards to same sex couples marrying?
Answer: In Canada, same sex couples may marry and may apply for immigration benefits for one another. However, this is not the case in the United States. Even if a State in the United States allows same sex couples to marry, they are NOT allowed to apply for immigration benefits for one another.
Q: Can a United States citizen who marries an individual of the same sex in Canada be legally married in the United States?
A: No. This marriage would not be a legal, valid marriage in the United States.
Q: Can a gay or lesbian United States citizen or legal permanent resident in a relationship with a foreigner be allowed to marry in Canada and then petition to have his or her spouse immigrate to the United States?
A: No. The United States does not recognize same-sex marriages as a valid, existing marriage.
Q: What defines a marriage according to the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service)?
A: A marriage is defined as a union between a man and a woman for all federal law purposes. The Citizenship and Immigration Service follows the federal law. This is defined in the Defense of Marriage Act (DOMA).
Q: Would the Citizenship and Immigration Service recognize a marriage if one of the two individuals is a post-operative transsexual?
A: No. Since Congress has never addressed the issue of whether the change in sex is recognized for federal law purposes, the Citizenship and Immigration Service concludes that this is a same-sex marriage and, therefore, the United States citizen or Legal Permanent Resident cannot file a petition for the foreign spouse.
Q: What is the Permanent Partners Immigration Act?
A: The Permanent Partners Immigration Act (PPIA) is a legislation that may be the best hope for bi-national same-sex couples. It defines a permanent partner as a person that is 18-years-old or older; is in a committed, intimate relationship with someone who is also 18 or over; who is financially interdependent with that person; and is not married to or is not in a permanent partner relationship with any other person. This bill would join the United States with the other eighteen countries who recognized same-sex marriages.
Testimonial
From 2202 to 2004, my dreams of legalizing my stay in the US was in limbo. I was petitioned in 2001 but the lawyer who first handled my petition suddenly disappeared leaving my hopes in shambles. I sought help from many lawyers who told me the same thing…that my 2001 petition is dead and the only way to get legalized is get married to a US citizen.
In 2005, I came to Atty. Ganjoo with not much hope in my heart. I was prepared to hear exactly what the other lawyers have told me. Alas, Atty. Ganjoo and Suzanne, her legal staff at that time, turned out to be diamonds in the rough. They not only showed great interest in my situation but gave me hope. I was, according to Atty. Ganjoo, grandfathered under 245-i. And yes, she will represent me, guide me and get me to my goal…a Green Card.
In March of this year, that goal finally was achieved for me and my family. Atty. Ganjoo made all the difference in my journey. The personal attention to details while preparing my documents, the emails and follow-up calls which she responded to with utmost sincerity and punctuality, the willingness to listen when things are looking dim and far, and the ability to understand the hardships that her clients are going through, are qualities that makes her the best immigration lawyer I, my family and co-workers have known.
We will forever be thankful to Atty. Ganjoo for a dream come true.
Henry Policarpio and family
December 2009
For more information, you may contact us for a consultation.
MONICA GANJOO is an immigration attorney with offices in San Francisco and San Jose. Ganjoo Law Offices currently offers $20 consultations in San Francisco, San Jose, and Tracy. To obtain a consultation in San Francisco, call (415) 495-3710. To obtain a consultation in San Jose, call (408) 975-0500. You can call either office to make an appointment to see Monica Ganjoo in our new Tracy office as well.
SAN FRANCISCO: SAN JOSE:
870 Market Street 111 West St. John Street,
Suite 340 Suite 513
San Francisco, CA 94102 San Jose, CA 95113
(415) 495-3710 (408) 975-0500
