For ten years, they have lived the good life in Texas, coming back to Canada annually to renew their temporary visas. They both have careers that are lucrative, national and international in scope, and two more loving and generous people would be hard to find.
Well Sister in law #1 just received her permanent visa about a month ago. Good news. But yesterday, we received the news that Sister in law #2 coming back from her annual visa renewal was refused entry back into the US. She was even fingerprinted. Apparently the US female border agent determined that it was sister’s intention to immigrate so therefore persona non grata.
Well there are lawyers on the case right now, but this could take months to resolve if there is any resolution at all.
It seems probable that the permanent visa for the one sister sparked the excuse for the border agent to deny entry to the other. An anti gay sentiment sure seems likely.
But the fact remains that had they been married, this would not have been an issue. Now a loving couple have been separated for at two months or longer thanks to the full force of the US government.
Just the day before yesterday, my wife purchased tickets to Dallas for her and our daughter to visit during spring break. This is really going to suck for them
And btw, it was always my sisters in law’s intention to retire back to Canada.
So far as I can tell, the partner’s visa has been rejected because they believe she intends permanent immigration, basing this on the fact that her partner has just obtained a permanent visa. If their marriage were recognized in the US this wouldn’t be an issue, because the spouse of a permanent immigrant has a leg up in getting a green card or whatever herself. Since their marriage isn’t recognized, she doesn’t, and they think that in renewing her temp visa she’s trying to put one over on them because they’ve deduced that her actual intention isn’t temporary. Or something.
No, they were living common law in Texas which as far as I know does not recognize gay marriage anyway. Had they been married, which of course they would have been if gay marriage was legal and available in the states, Sister in law #2 would have had no problem gaining re-entry.
But we suspect as well, given that personal information is given on visa applications that though Sister in law #1 received permanent status, the female border agent in the other case, who was described as snotty, was able to determine the probable relationship given the common residency and used her perogative to be a homophobic bitch.
In any case, my rant supports the issue that gay marriage is an important and moral issue that needs to be implemented in the US.
That’s pretty fucked up, Dutchman. I hope they can get this fixed quickly, but honestly, I wouldn’t hold my breath. Your inlaws are stuck at the conflux of immigration and gay rights: two of the most fucked up parts of American law. I don’t see an easy solution to their problem any time soon.
All gender issues aside, from your OP it sounds like they are in fact living in the US on a temporary visa but living here full time. Or are they US citizens who cannot return to Canada? It’s not entirely clear, do they have green cards?
But from the OP, I thought the problem was immigration officials on the American side were giving them the problems as the try to re-enter the U.S. Am I reading this correctly?
From the OP:
“Apparently the US female border agent determined that it was sister’s intention to immigrate so therefore persona non grata.”
Yes, but the sisters-in-law are probably dealing with Canadian Immigration departments and the legal system in Canada who will be fighting US Immigration on their behalf. Being legally married (and I do believe same-sex marriage is legal in Canada, as of 2005) makes all kinds of things simpler, financially, medically, and legally.