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  • What should i do next?

    Can any one offer advice?
    My case is rather unique. I am a green card holder who self petitioned based on the VAWA act. I have been a GC holder since Jan 2001. In May 2002, i suffered a life threatening depressive episode that required a brief stay at the hospital. In the same month, my best friend moved cross country to be with me and take care of me. In time, we developed a same sex relationship. My friend was here originally on a students visa, (F) which was adjusted to an H1B upon completion of her studies because she found an employer willing to sponsor. However after 10 months or so, she was laid off. She mistakenly applied to the INS for an extension of the 10 day period she had to leave the country, but that application was refused. She is therefore currently out of status. She most probably would have returned to her country of origin if it had not been for my circumstances. Now we have developed a mutual romantic interest and that makes it even harder to let her go, knowing that she will not be able to return for 3 year at the minimum. All the while that she has been out of status, she has not broken the law in any way and neither has she worked. I have been the one supporting her on my salary. To all intents and purposes, we live as spouses. Herein lies my predicament. The INS does not recognise same sex relationships so there is no way i can file a petition on her behalf. She apparently does not qualify to file as an asylee/refugee even though it has been documented that homosexuals in her country of origin are targeted for discrimination, because she has been out of status for over a year. We are looking for every possible legal means to adjust her status so that we can stay together. Besides being my partner, she plays a vital role in keeping me alive. I had been suicidal (and have the medical records to prove it) until she came and started taking care of me. She is the only family i have in this country (being an immigrant myself) and it would cause me extreme hardship were she to leave. Is there any way i can file for her as a companion? I considered filing for her as an employer (because she provides a service to me by taking care of me and in return i provide room and board for her) but i do not know if i would qualify as an employer. We are seeking every possible legal way to adjust her status so we do not want to potentially make a bad situation worse by finding someone to marry her.
    Is there any remedy available to us? Right now the only course of action i can think of is to let her remain out of status until i naturalize, and then file for her as a family relation even though that may be quasi-legal. Are you aware of any special situation remedies that can fit our particular circumstance? I understand that had she been a male, there would be no problem because i could marry her and file on her behalf, but she isnt, and as such i cannot. I am at my wits end and would appreciate any feedback and would be delighted if you could at least suggest anything i could try.

  • #2
    Can any one offer advice?
    My case is rather unique. I am a green card holder who self petitioned based on the VAWA act. I have been a GC holder since Jan 2001. In May 2002, i suffered a life threatening depressive episode that required a brief stay at the hospital. In the same month, my best friend moved cross country to be with me and take care of me. In time, we developed a same sex relationship. My friend was here originally on a students visa, (F) which was adjusted to an H1B upon completion of her studies because she found an employer willing to sponsor. However after 10 months or so, she was laid off. She mistakenly applied to the INS for an extension of the 10 day period she had to leave the country, but that application was refused. She is therefore currently out of status. She most probably would have returned to her country of origin if it had not been for my circumstances. Now we have developed a mutual romantic interest and that makes it even harder to let her go, knowing that she will not be able to return for 3 year at the minimum. All the while that she has been out of status, she has not broken the law in any way and neither has she worked. I have been the one supporting her on my salary. To all intents and purposes, we live as spouses. Herein lies my predicament. The INS does not recognise same sex relationships so there is no way i can file a petition on her behalf. She apparently does not qualify to file as an asylee/refugee even though it has been documented that homosexuals in her country of origin are targeted for discrimination, because she has been out of status for over a year. We are looking for every possible legal means to adjust her status so that we can stay together. Besides being my partner, she plays a vital role in keeping me alive. I had been suicidal (and have the medical records to prove it) until she came and started taking care of me. She is the only family i have in this country (being an immigrant myself) and it would cause me extreme hardship were she to leave. Is there any way i can file for her as a companion? I considered filing for her as an employer (because she provides a service to me by taking care of me and in return i provide room and board for her) but i do not know if i would qualify as an employer. We are seeking every possible legal way to adjust her status so we do not want to potentially make a bad situation worse by finding someone to marry her.
    Is there any remedy available to us? Right now the only course of action i can think of is to let her remain out of status until i naturalize, and then file for her as a family relation even though that may be quasi-legal. Are you aware of any special situation remedies that can fit our particular circumstance? I understand that had she been a male, there would be no problem because i could marry her and file on her behalf, but she isnt, and as such i cannot. I am at my wits end and would appreciate any feedback and would be delighted if you could at least suggest anything i could try.

    Comment


    • #3
      I am so sorry to hear your story. Your partner can file for Asylum however she must show "Extraordinary Circumstances" as to why she didnt file within the one year filling deadline.

      Furthermore, mere discrimination is not a basis of Asylum since discrimination happens here in America as well. There must be severe persecution of homosexuals in your partners home country plus there must be corroborative evidence to back up her claim.

      So speak to a lawyer and do not file an Asylum case unless you have a strong case. Most Asylum cases are not approved only a small fraction are.

      You can always try and move to Canada. I dont know the details but seek an attorney; he/she might know how to slove your problem.

      Comment


      • #4
        http://www.lgirtf.org/

        The are the Lesbian and Gay Immigration Task Force. They have chapters all over the US.

        LGIRTF-Atlanta
        Email: lgirtfatlanta@yahoo.com
        Email listserv: http://groups.yahoo.com/group/LGIRTF-Atlanta/

        LGIRTF-Boston --no longer active

        LGIRTF-Chicago
        c/o Heartland Alliance
        Midwest Human Rights Project for Sexual Orientation
        208 LaSalle Street Suite 1818
        Chicago, IL 60604
        Phone: (312) 660-1370
        Email Listserv: http://groups.yahoo.com/group/LGIRTF-Chicago

        LGIRTF-Dallas-Ft. Worth
        Kim Rafalski
        Human Rights Initiative
        3131 McKinney Ave., Ste. 250
        Dallas, Texas 75204
        Phone: (214) 855-0520, Ext. 207
        Email: LGIRTFDFW@hotmail.com
        Email listserv: LGIRTF-DFW-SUBSCRIBE@yahoogroups.com

        LGIRTF-Denver
        Email: >lgirtf-denver-owner@yahoogroups.com
        Email Listserv: http://groups.yahoo.com/group/lgirtf-denver

        LGIRTF-Houston
        P.O. Box 1951
        Houston, TX 77251
        Phone: (713) 426-3128 and (713) 504-6588
        Email: sdryam@houston.rr.com
        Email Listserv: LGIRTF-Houston-subscribe@yahoogroups.com

        LGIRTF-Los Angeles
        Email: info@immigrationequality.net

        LGIRTF-New Orleans
        2114 Decatur Street
        New Orleans, LA
        Phone: (504) 945-1103
        Contact: Allison Jones, Program Coordinator, Lesbian and Gay Community Center of New Orleans

        LGIRTF-New York
        Phone: (212) 696-6481
        Email: lgirtfnyc@aol.com
        Listserv: http://groups.yahoo.com/group/lgirtf-nyc

        LGIRTF-Phoenix
        Email: wcalvo@rocketmail.com

        LGIRTF-Pittsburgh
        Email: urbancentury@yahoo.com
        Listserv: http://groups.yahoo.com/group/LGIRTFPIT/

        LGIRTF-Portland, OR
        Phone: (503) 471-1568
        Email: lgirtfpdx@hotmail.com
        Listserv: http://groups.yahoo.com/group/lgirtfpdx

        LGIRTF-San Diego
        Glimmigration San Diego
        c/o The Center
        P.O. Box 3357
        San Diego, CA 92163
        Phone: 619.692.2077 x802
        Email: glimmigration@hotmail.com

        LGIRTF-San Francisco
        c/o National Center for Lesbian Rights
        870 Market St., Suite 570
        San Francisco, CA 94102-3012
        Phone: (415) 392-6257
        Email: lgirtf@hotmail.com
        Email Listserv: sf-lgirtf-subscribe@yahoogroups.com

        LGIRTF-Seattle
        Email: lgirtf_seattle@hotmail.com
        Listserv: http://groups.yahoo.com/group/lgirtf_seattle

        LGIRTF-South Florida
        P.O. Box 398903
        Miami Beach, Florida 33239
        Information: 954-522-2593
        Voice Mail: 305-538-0121
        Email: LGIRTFSF@Bigfoot.com
        Email Listserv: http://groups.yahoo.com/group/LGIRTF-SFLORIDA/

        LGIRTF-Washington, D.C.
        Email: lgirtf_dc@yahoo.com
        Listserv: http://groups.yahoo.com/group/lgirtf-dc

        LGIRTF-Amsterdam, Holland
        Email: ziffvbaa@pi.net
        Email 2: Rbragar@compuserve.com

        Comment


        • #5
          thanks for your suggestions and help. i will contact the groups you mentioned to see if they can be of any assistance.

          Comment


          • #6
            HI, I just wanted to let you know that there are other peple in the same situation. I myself after 15 months of searching for a legal way to stay here with my same sex partner have now been out of status for 2 months. My partner is an american citizen, when I first met her I stupidly thought that if you were willing to work and support yourself you would be allowed to live with the person you loved. We followed every lead we were given on how I maybe able to apply to stay but always fell short in some way. After many sleepless nights and soul searching we decided we couldnot be apart, and felt that we should have the rights that a man and woman would have to share what is left of our lives together. We are not young people I am almost 50 so waiting for years for things to change is not really an option for us. I feel for you and your partner as I know I would not want to live my life without the person I love. I hope you find some way to change your situation and stay together, as I hope someday we too can find a better solution than we have right now. At present we live our lives scared we might be found out and never see eachother again.To all those out there who say we should still not break any laws I whole heartedly agree with you, I would never of done so had there been anyother way around this, and believe me I tried everything to avoid this situation, Good Luck and please post it on the board if you succeed in finding a way.

            Comment


            • #7
              I forgot to say , other than overstay I donot break anyother laws I too do not work and are supported by my partner, I stay home and look after her and our home, once again GOOD LUCK

              Comment

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