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Gay woman gets stay of deportation in the midst of DOMA upheaval
By Peter SmithMarch 23rd, 2011, 2:00 pmComments (10)
Monica Alcota (on the right in the above picture) is an Argentinian woman who, having overstayed her tourist visa, is on the verge of deportation — despite being married to Christina Ojeda, an American citizen. Because they're a same-sex couple, they can't get immigration benefits under federal law.
But with the federal Defense of Marriage Act currently in dispute after President Obama ordered the Justice Department to stop defending it last month, a Queens immigration judge postponed Alcota's deportation. Judge Terry Bain wanted to allow for the possibility that DOMA could be overturned, thereby granting Alcota the same right to citizenship through marriage afforded to heterosexual couples.
Bain's action is touching, and the Daily News story reporting about the verdict has some also-touching comments from Ojeda ("She could have said no, but instead she gave us time... Little by little, we're building up hope and more courage"). But the story really highlights exactly how federally mandated anti-gay discrimination really fucks up a lot of people's lives. These are the couples John Boehner and company are intent on hurting, and if the Republicans get their way, Bain's clemency will be undone and Alcota will be back where she started — to say nothing of the people who weren't lucky enough to get a compassionate judge in the first place. DOMA is un-American and should be repealed.
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DOMA
Commentarium (10 Comments)
Is Ms Alcota making an effort towards obtaining citizenship via other, less controversial, means? Maybe that made a difference in how the judge ruled?
How freaking cute is that picture!?
As someone who immigrated to this country through marriage, there is a process.
One must first get a fiance visa to come to the country, you just don't show up and marry a US citizen and get all the bonus points.
So whether DOMA is upheld, or overturned, she still violated the law and is required to go through the process to obtain US residency. During which time she is not legally allowed to work (no work vise or green card) , or collect any benefits from the government (no social security card).
She also doesn't get immediate citizenship . When I did it I did have a reduced waiting period, 3yrs instead of 5yrs to apply for citizenship. My wife was financialy responsible for me the first few years, no welfare or social security payments (social security card even said, valid for work purposes only). I still had to go through all the interviews and tests, and renewal of green card. ICE was also very interested in proof that you are not in a marriage of convenience.
She got married in the US, so she wouldn't have gone through the same process as you *outside* the US. True, she needs to have a green card for 3 or 5 years before she can apply to be a US citizen, but by marrying an American, her wife can sponsor her while here.
Yes she does have to go through the same process. She was here illegally, visa expired.
I certainly researched the situation before proceeding, thinking I could just drive over the boarder and get married and all would be well. It doesn't work that way.
She has no status in the US, even if her wife sponsors her, she could be forced to leave the country to get the correct visa so she can return and stay in the country.
Yes she can be sponsored, but until she gets a work visa or a green card she still cannot work legally.
I had a hard enough time with ICE proving that my marriage was legitimate, even with going through all the steps. This situation certainly jumps up on the radar as a marriage of convenience.
I admit Repulicans are the ones most publicly opposed to repealing DOMA, but this article tries to play on people's emotions to paint Republicans as the evil ones. What happened when Democrats had a super majority in Congress for 2 years? They wait until the lame duck session to strike down DADT (which is commendable, if a bit late) and did nothing about DOMA.
Now with one party in control of each house, neither can escape the blame.
Do you think that the Democrats who say they support gay marriage really do support it? If so, you can’t really equate the supporters (mostly Democrats) with the haters (most Republicans). Of course, I wish the Dems had resolved the issue when they had the majorities.
Yeah, the Democrats have to take some kind of hit on DOMA. Remember who signed it into law? Bill Clinton. Who did nothing about it when they had majorities in both houses and the presidency? The Democrats. Yes, Republicans are much, much worse on this issue, but Democrats are only coming around now to a pro-marriage equality position because it's becoming more politically acceptable.
Believe me, I would never acquit the Democrats for their spinelessness.
"Bonus points?" I would hardly consider equal rights and falling in love flippant bonus points. I know my life was upended by this discrimination. It doesn't make me want to live in the country (quite the opposite), but it does make me want to overturn the law.
Now you say something