More than 1,600 in Texas, some of whom have fought to stay together for decades, should now have path to citizenship thanks to DOMA ruling
IMMIGRATION EQUALITY | Binational couples Kenny Hill and Ricky Ziraldo of Dallas, left, and Jennifer Wigle and Elizabeth Allen of Katy no longer have to rely on temporary visas to stay together in the U.S.
After 17 years together, Cannon Flowers and RafiQ Salleh were ready to leave the U.S. had the Defense of Marriage Act not been found unconstitutional by the U.S. Supreme Court this week.
“For some, the ruling was an act of equality,” Flowers said. “For us, it really is our lives.”
Since they’ve been together, Salleh always maintained legal immigration status. That involved obtaining visas six times, originally with student visas and most recently with an entrepreneur’s visa. Legal fees, education, travel to the embassy in Singapore every two or three years to renew and the required investment for his current visa has cost the couple more than $1.1 million.
Flowers said things have gotten better over the past few years in some ways.
“I met with Obama’s staff two times on this topic,” he said. “I sat in the White House talking about our personal lives and how this law was affecting us.”
He said that 10 years ago, that wouldn’t have happened. But Salleh and Flowers, who live in Dallas, aren’t married yet and visa renewal time is close. So the couple plans to marry, probably this summer, and apply for permanent residency with a green card, which offers a path to citizenship.
Nationally, about 40,000 binational same-sex couples could be affected by the DOMA ruling handed down Wednesday. In Texas, there are at least 1,600 binational same-sex couples.
Rachel Tiven, executive director of Washington, D.C.-based Immigration Equality, called the ruling “game-changing” and “good news for everyone.” She said the DOMA ruling is definitive because immigration law recognizes marriages that are valid where celebrated.
Other issues, such as whether married couples living in Texas will file a joint federal tax return or whether civil unions and domestic partnerships apply to immigration cases, have yet to be decided. But on immigration, the law is clear. A couple married in a marriage-equality state or country is recognized nationally for immigration purposes. And now that DOMA is gone, that law applies to same-sex couples.
Secretary of Homeland Security Janet Napolitano affirmed that in a statement issued Thursday afternoon.
“Working with our federal partners, including the Department of Justice, we will implement today’s decision so that all married couples will be treated equally and fairly in the administration of our immigration laws,” Napolitano said.
But not every couple will qualify immediately. Some are not legally married.
Tiven said couples planning to apply must marry first. She acknowledged the risk of travel for someone without documentation, but said the Obama administration has already issued progressive new rules for dealing with couples.
The application process involves two forms. The I-130 recognizes the U.S. citizen as the legal spouse and the I-485 is the application for a green card based on spousal recognition.
“The forms are already non-gender specific,” Tiven said.
She recommended anyone applying visit the Immigration Equality website and read the detailed frequently asked questions and then speak to an attorney before filing the paperwork, calling immigration law “very complicated.”
Dallas immigration attorney Stacy Webb also advised couples to contact a knowledgeable and experienced attorney who will look at the specifics of the case.
Webb said one step in the path to citizenship through a green card is proving the marriage is valid. That includes presenting documents like joint financial records, bills and even photos.
“If the marriage is less than two years old, there’s a presumption of marriage for immigration benefits rather than for valid reasons,” he said.
Webb also cautioned anyone who is in the country on a student visa to proceed with caution. That visa presumes the intention of returning to the home country. A marriage could invalidate the student visa.
Rick Ziraldo lives in Dallas with his partner Kenny Hill. Ziraldo’s here on a student visa and Hill said the couple plans to marry over the summer so they can apply for Ziraldo’s green card.
“We’re lucky,” Hill said. “We’ve had the ability to keep him in school the last six years.”
Ziraldo is finishing a doctorate in biomedical engineering at UT Dallas. The couple met in Australia where they had a brief, whirlwind romance. Nine months later, they met for a weekend in Venice and the spark was still there. After Ziraldo finished his bachelor’s degree at an Italian university, he obtained a 90-day U.S. visa to visit Hill in Dallas.
When they decided to remain together, they returned to Italy to obtain a three-year student visa and Ziraldo enrolled at Richland College. Hill said they will consult with an attorney but they plan to marry and continue to call Dallas home.
Jennifer Wigle said the DOMA decision ends the uncertainty in her marriage. She said she and her wife Elizabeth Allen, who live in Katy, are ready to settle down and have kids, but they didn’t want to do that while she had to reapply for a visa every couple of years.
Wigle is in the U.S. on a visa that allows her to work but she said it has quite a few stipulations. She has to work only in her field and the job requirements must specify her particular degree.
“There were plenty of jobs I’m qualified for, but couldn’t apply for,” she said.
Had DOMA not been stuck down, she and her wife were planning to move to Canada where she is a citizen and could sponsor her wife. Since the ruling, Wigle participated in an Immigration Equality phone conference and plans to speak to an attorney soon.
Immigration judges have been anticipating the high court’s DOMA ruling. Earlier this year, Judge Richard R. Ozmun denied an application of asylum to Khalil, a gay Jordanian man who wanted to remain in Dallas with his American partner. But while denying asylum, he acknowledged Khalil’s relationship with his partner, Alex Diaz, and Diaz’s family.
Ozmun issued a withholding of removal order with some encouragement for their future together in the DOMA ruling he expected.
Ozmun told Khalil, who asked that his surname be withheld, that if DOMA is declared unconstitutional by the Supreme Court, they could marry and apply for a green card.
“Amazing news,” Khalil said after the DOMA ruling. “I’ve been blessed.”
He said Diaz has told him over the last five years that things would change, but during that time he got discouraged. After the ruling, he said he suddenly felt more stable than he’s been since coming to the U.S.
“We already share everything,” he said. “But now we can buy a house together. We can buy a car together.”
The ruling came on Khalil’s 27th birthday.
“What a perfect birthday gift,” he said.
This article appeared in the Dallas Voice print edition June 28, 2013.
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Binational couples finally get relief
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