The San Francisco Chronicle has reported that the Obama administration is enforcing the Defense of Marriage Act by denying immigration benefits to a same sex couple married seven years ago in Massachusetts.
Bradford Wells is the U.S. citizen spouse, and his husband, Anthony John Makk, is a citizen of Australia. Mr. Wells filed a Form I-130 Immigration Petition for Alien Relative, which was denied by the administration on July 26. Mr. Wells has AIDS, and relies on his husband as his primary caregiver.
The Chronicle has further reported that Mr. Makk has been ordered removed from the United States, and is required to depart by August 25. I am not sure that this information is accurate, however, because it is unclear whether immigration court proceedings had already been instituted prior to the denial of the I-130. If I am able to get more information to clarify this point I will post an update.
So what does this tell us? It has become abundantly clear that this President and his administration are in fact adhering to the mandate of the Defense of Marriage Act, despite the fact that they have said otherwise.
More "Change" you can believe in.
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About The Author
Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).
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