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Gay Man Testifies on Immigration Reform


Immigration Anonymous x390 (photos.com) | advocate.com

A congressional briefing held Friday to discuss immigration reform included five witnesses, one of whom was a gay man testifying about the struggles faced by binational LGBT couples.

Steve Orner of Washington, D.C., said goodbye on Wednesday to his partner of nearly 10 years, “Joe Smith” -- who asked that we not use his real name -- when Smith left to return to his native Indonesia.

“I'm scared to go back,” Smith said by phone on the day of his departure. “This is my home; I have been living here for half of my life.”

Smith came to the United States 18 years ago to pursue his education. Federal scholarships funded his studies entirely as he earned bachelor's and master’s degrees from the University of Kentucky and a Ph.D. from the University of Pittsburgh, where he met Orner. “I met Steve and I fell in love. I didn’t choose to fall in love,” he said. “I didn’t plan to stay in this country at the time.”

But now Smith is returning to the closet -- to a country where being gay is criminal in some provinces, and to a family who doesn’t know he is gay or that he was forced to leave behind his love in America. “I will survive there, but it's hard because I have a family here -- my partner, the person that is most important in my life, is here,” he said.

Smith was well on his way to receiving his green card, having been approved for one after he was sponsored by a D.C. firm that hired him as a structural engineer.

“Once he got approved, even our immigration attorneys said, ‘Congratulations, it's only a matter of time,’” recalled Orner. But Smith was laid off in April, before his work visa came through. “It was just a huge blow,” said Orner, noting that they had already bought a house together.

The sting has been particularly acute because Smith is well qualified to help rebuild the crumbling infrastructure that major federal stimulus funds are now targeted toward repairing -- but the stimulus package stipulates that almost all the jobs it creates must be filled by U.S. citizens.

“He’s educated with American money, he's a scientist, a Ph.D., and there’s a brain drain in this country -- it's a stupid policy,” said Orner.

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Reader Comments
  • Name: Arnold Gum
    Date posted: 11/13/2009 11:43:46 PM
    Hometown: San Diego

    Comment:

    Do you know how to get ahold of Steve? Old friend from CO.

  • Name: Katie
    Date posted: 10/28/2009 6:48:44 PM
    Hometown: South Deerfield

    Comment:

    Thank you to the Advocate for your coverage on this issue. I know this is not the first article that you have published on the situation of same-sex bi-national couples, and I hope it will not be the last, either! We desperately need increased awareness of this issue in order to garner more support for the Uniting American Families Act. Readers, please spread the word and ask your Representative and Senators to become co-sponsors of the bill. Like many who have commented on this article, I am directly affected by this issue - I want my partner here as soon as possible. We should not have to wait!

  • Name: Anthon Muller
    Date posted: 10/28/2009 6:08:19 PM
    Hometown: Cape Town & Atlanta, Georgia

    Comment:

    I can empathize because My Husband and I have the same discrimination policies in the USA.I am a South African citizen who is legally married to an American citizen. I am deeply shocked and saddened that the United States of America has laws in place that allow for discrimination against our life time commitment and the vows that we have spoken to each other. My long time partner, Joseph, and I were recently married in an amazing ceremony in Cape Town, South Africa. In my country this is a legal and binding commitment. We are law abiding citizens and successful business men, conscious and respectful of the environment, the people and our communities in both our home countries. About 2 months ago we experience discrimination and humiliation that I have never before experienced in my life at the hands of US government. I was interrogated at immigration in Atlanta, GA.We have a legal business and i have invested a lot of money in the USA and the only matter that they realize is Money

  • Name: Rig
    Date posted: 10/26/2009 12:03:00 PM
    Hometown: NC

    Comment:

    My partner for 9 years is also Indonesian. We did everything we could to get him legal 6 years ago when he was still in America, spent a lot of money in the lawyer and yet he still had to leave. It's probably too late for us because we are no longer in the US. I sold everything I had and abandon my career and my family and friends and flew to Indonesia 5 years ago. We have to be very discreet here and not many people know about us even my partner's family do not know. Some how we manage to do it for almost 5 years now. One of our best friend died few days ago in America and we could not do anything but cried our eyes out and felt sorry for our self because we could not be there at the last moment. The time seems running out for us. My parents in America are in their late 60's now. My dad had a throat cancer and my mom has diabetes. This is just so cruel I can't do anything about it but pray everyday for us (LGBT) and my family back home and for my country and for heartless people...

  • Name: Kathryn McLaurin
    Date posted: 10/26/2009 10:03:46 AM
    Hometown: England

    Comment:

    I am also living outside the US because I am in a same-sex binational couple. I want to come home, my family wants me to come home. We really just want the same rights as any other heterosexual couple.

  • Name: Staci
    Date posted: 10/26/2009 9:16:36 AM
    Hometown: Germany

    Comment:

    I am a federal govt employee who took a position in Germany and moved here with my spouse. Because the federal govt does not recognize our legal marriage (California), they refused to allow me to sponsor her here in Germany unlike all my straight married co-workers and their spouses. When I tried to get her an ID card and sponsorship, I was cited DOMA and turned away. Luckily, after hiring an attorney and appealing to the German govt, I was able to acquire a residence visa for my spouse. What I am saying is that the US government refused to assist me and my spouse in allowing me to sponsor her, but the German govt is allowing me, an American, to sponsor my same-sex American spouse in their country!!! Thank you Germany for having the compassion and sense to support us when the American govt refused to help. This may not be exactly the same problem as with the immigration situation but it shows how far behind the US is concerning couples who need to stay together.

  • Name: ArtNOLA
    Date posted: 10/26/2009 9:01:33 AM
    Hometown: New Orleans

    Comment:

    You can't simply do away with all immigration laws, but something does need to be done to prevent this sort of thing from happening. The reason I say we can't do away with all imigration laws is because we don't have enough jobs in this country for the people who are here legally. With the economy the way it is we also don't have enough money to support unemployed illegal immigrants who have no means of supporting themselves, so we can't simply open our borders to everyone. I feel that there should be preference given to those who came here legally on a student or work visa, etc and have shown to be productive members of society. I think it is ridiculous that we forced this man to be sent back to a country where he faces dire consequences if it is discovered he is gay.

  • Name: Ben
    Date posted: 10/25/2009 4:56:22 PM
    Hometown: NY

    Comment:

    This is a huge problem. The gay community is an international community and as such there are many, many bi-national couples who face this issue. The fact that US citizens cannot sponsor same-sex partners for residency or citizenship is a cruel form of discrimination that is ruining thousands of people's lives. For many couples changing this policy is far more important than hate crimes, ENDA, or DADT. I hope our Congress gives this matter the attention it deserves and reverses this disgusting policy.

  • Name: Jim Webber
    Date posted: 10/25/2009 2:27:06 PM
    Hometown: Sacramento

    Comment:

    We are spending billions on immigration control that could better be spent elsewhere. I see no reason why we can't solve the "illegal immigrant" problem by simply abolishing the immigration laws. And if congress is unwilling to do so, why can't the president just order the appropriate agencies to not enforce them. He did that in the case of medical marijuana.

  • Name: Rob B
    Date posted: 10/24/2009 2:29:59 PM
    Hometown: Philadelphia

    Comment:

    It is no way an easy thing to do to get a green card. It would take over 10 years with the current discriminatory immigration laws. Not to mention if you say you are in a same sex relationship. That's an immediate denial of any type visa. My partner is from Argentina and has been here many times on different visa types. He has always returned before his visa expired and never did anything illegal while here or at home. I tried to sponsor him to attend college here and he was denied a student visa. I'm sure it was because a male friend was going to sponsor him but the reason that was given could not be more untrue since he had documentation that the interviewer never read or cared to read. The immigration system must be fixed and fixed NOW.

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