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social sciences

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Immigration Law  
page: 1  2  

As of 2000, the following countries had some sort of policy allowing individuals to sponsor same-sex partners for immigration: Australia, Belgium, Canada, Denmark, Finland, France, Great Britain, Iceland, Netherlands, New Zealand, Norway, South Africa, and Sweden.

In countries where these policies do not exist, such as the United States, transnational couples must either choose to live in different nations, migrate illegally (and run the risk of imprisonment or deportation), or find another legal method for migration.

Sponsor Message.

In the United States, if one is not eligible for family-sponsored immigration, one is generally dependent upon one's work skills for migration. Visas are easier to obtain by those who have skills that are desirable and in short supply in the United States workforce (such as nursing and teaching in inner-city schools).

Potential migrants usually must secure sponsorship from an employer before they can be granted a visa. Those who lose their jobs are at a significant risk of losing their visas if they do not get another job quickly. Additionally, individuals can try to gain employment from a multinational corporation headquartered in their own country that is willing to send them to their partner's country, but this method carries the risk of being recalled at any time.

Finally, many individuals use educational visas to enter the country. These visas carry the requirement of full-time study and are rescinded shortly after a specified degree is earned. Most of the time, visa holders are not permitted to work while using an educational visa and they are required to report periodically to the government on degree progress, address, and major field.

Once in the United States on a visa, individuals can apply for permanent residency (a Green Card). But while those who get green cards through marriage or family sponsorship can leave the country, those who do it through other types of visas may not be able to leave the United States for years.

Mikaila Mariel Lemonik Arthur

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Adelman, Howard, et al., eds. Immigration and Refugee Policy: Australia and Canada Compared. Toronto: University of Toronto Press, 1994.

Cant, Bob, ed. Invented Identities: Lesbians and Gays Talk About Migration. London: Cassell, 1997.

Hart, John. Stories of Gay and Lesbian Immigration: Together Forever? New York: Harrington Park Press, 2002.

Kelson, Gregory A., and Debra L. Deleat, eds. Gender and Immigration. New York: New York University Press, 1999.

Legomsky, Stephan H. Immigration Law and Policy. New York: Foundation Press, 1997.

Luibhéid, Eithne. Entry Denied: Controlling Sexuality at the Border. Minneapolis: University of Minnesota Press, 2002.

Manalansan, Martin F., IV, "In the Shadows of Stonewall: Examining Gay Transnational Politics and the Diaspora Dilemma." GLQ: A Journal of Lesbian and Gay Studies 2 (1995): 425-38.

Martin, David A., et al. Immigration and Citizenship: Process and Policy. Florence, Ky.: West Wadsworth, 1998.

McClure, Heather, Lavi Soloway, and Chris Nugent. Preparing Sexual-Orientation-Based Asylum Claims: A Handbook for Advocates and Asylum Seekers. Chicago: Heartland Alliance, 2000.

McGhee, Derek. "Persecution and Social Group Status: Homosexual Refugees in the 1990s." Journal of Refugee Studies 12.1 (2001): 20-42.

Schrader, Richard A. Lesbians and Gays Changed Australian Immigration: History and Herstory. Sydney: Gay and Lesbian Immigration Task Force of New South Wales, 2002.


    Citation Information
    Author: Arthur, Mikaila Mariel Lemonik  
    Entry Title: Immigration Law  
    General Editor: Claude J. Summers  
    Publication Name: glbtq: An Encyclopedia of Gay, Lesbian, Bisexual,
Transgender, and Queer Culture
    Publication Date: 2004  
    Date Last Updated May 25, 2005  
    Web Address  
    Publisher glbtq, Inc.
1130 West Adams
Chicago, IL   60607
    Today's Date  
    Encyclopedia Copyright: © 2002-2006, glbtq, Inc.  
    Entry Copyright © 2004, glbtq, inc.  


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