Nine Couples Fighting to Stay Together

Countless same-sex binational couples across the country currently find themselves in immigration limbo. Not knowing whether your partner is staying or leaving can be quite a harrowing ordeal. Though the Obama Administration formally announced in February they would no longer argue in favor of the Defense of Marriage Act in any court litigation, dozens of same-sex binational couples have stepped forward and demanded they be granted the opportunity to plead their case for legal residency. Over the last two years we have featured several of these couples' personal stories and detailed how they fight to stay together.

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Japanese-born Takako Ueda and U.S. citizen Frances Herbert married in Vermont in April 2011. Although Ueda's visa expired last July, she was granted a temporary reprieve and now Immigration Equality has filed a spousal green card petition on her behalf. Their application has gained support from the entire Vermont Congressional delegation. Senators Leahy and Sanders along with Congressman Welch have all urged the Department of Homeland Security to uphold the application.

Shirley Tan, a 43 year old from the Philippines lives with her twin sons and partner of 23 years Jay Mercado. In 2009, after deportation officials showed up at her door, Sen. Diane Feinstein of California intervened and introduced a bill on her behalf, allowing her to remain in the United States legally. The bill has to be reintroduced at each new session of Congress however, but Senator Feinstein has pledged to keep her support for the family.

Mexican immigrant Sujey Pando came to the United States as a minor. Pando and longtime partner Violeta married last year in Iowa where same-sex marriage is recognized. They now live in Denver, Colo. where Sujey must appear before a judge in January to rehear her deportation case.

Monica Alcota and Cristina Ojeda of Queens, N.Y. are the first married LGBT couple to argue in court that a pending deportation should be terminated since the Obama Administration's February announcement that it would no longer defend Section 3 of DOMA, according to their attorney. Alcota, a citizen of Argentina, wed her American wife last year in Connecticut.

Alex Benshimol, a Venezuelan citizen who entered the U.S. on a tourist visa in 1999, lives with his spouse, Doug Gentry in California. He was given a 26-month temporary reprieve from deportation proceedings should the government decide to continue with their case or dismiss it altogether.

Henry Velandia, a 27-year-old Venezuelan citizen, married American Josh Vandiver in 2010. Deportation proceedings for Henry were canceled by immigration officials in June after their case was also dismissed by a Newark Judge the previous month. The couple will return to court on December 16, 2011 for a hearing that will determine their fate, by which point possible changes in the prevailing law may favor their case.

Rodrigo Martinez and Edwin Echegoyen, a gay couple living in Rockville, Md. have been together for eight years. Martinez, a 32-year-old citizen of El Salvador, married his American partner earlier this year in the hopes of obtaining a green card for Martinez who has previously been denied asylum in the country.

Anton Tanumihardj is originally from Indonesia but came to the U.S. on a tourist visa in 2002. This past June he married his American spouse, Brian Andersen. Recently, the Philadelphia branch of Immigration and Customs Enforcement (ICE) denied Mr. Tanumihardj for what's known as deferred action and was ordered to return to the same location on January 13, 2012 for a second hearing. If either the Department of Homeland Security or the Justice Department does not intervene, Mr. Tanumihardj will be forcibly removed from the U.S. by ICE authorities.

Anthony John Makk had been ordered to leave the country on August 25 after a petition for a marriage-based permanent residency was denied in July. Although the couple married in Massachusetts in 2004, immigration officials cited DOMA as a basis for the couple's denial. Earlier this month, House Minority Leader Nancy Pelosi met with Makk and his husband, Bradford Wells, pledging her support for the couple. An effort led by Pelosi is currently underway to implement specific guidelines when processing federal immigration cases involving LGBT families.