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Tuesday, 9 August 2011

Obama administration denies immigration benefits to a married gay couple from San Francisco

By Matthew Kolken

UPDATE: Chris Geidner reports that this case is more complicated than has been reported:
"The couple has not lost its battle, as the administrative decision is just that – an agency decision – and can be appealed to a point where an adversarial process could allow discretion more easily to be employed. And, though the article states that the Obama administration ''ordered the expulsion of a man who is the primary caregiver to his AIDS-afflicted spouse,'' there was no removal order issued in the case and, therefore, no immediate threat of deportation."
HT: Rick Rosendall

~~~

The San Francisco Chronicle has reported that the Obama administration is enforcing the Defense of Marriage Act by denying immigration benefits to a same sex couple married seven years ago in Massachusetts.

Bradford Wells is the U.S. citizen spouse, and his husband, Anthony John Makk, is a citizen of Australia. Mr. Wells filed a Form I-130 Immigration Petition for Alien Relative, which was denied by the administration on July 26. Mr. Wells has AIDS, and relies on his husband as his primary caregiver.

The Chronicle has further reported that Mr. Makk has been ordered removed from the United States, and is required to depart by August 25. I am not sure that this information is accurate, however, because it is unclear whether immigration court proceedings had already been instituted prior to the denial of the I-130. If I am able to get more information to clarify this point I will post an update.

So what does this tell us? It has become abundantly clear that this President and his administration are in fact adhering to the mandate of the Defense of Marriage Act, despite the fact that they have said otherwise.

More "Change" you can believe in.

Matthew L. Kolken, Esq. is a trial lawyer with experience in all aspects of United States Immigration Law – including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals.
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