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Rare Permission by DHS for Binational Couple

6-04-2010   Melanie Nathan

Tim Coco and Genesio Oliveira married in 2005, when same-sex marriage became legal in Massachusetts.

However because gay people are unable to sponsor a spouse for immigration to the USA in parity with heterosexual couples,  they were separated for nearly three years with Tim in Massachusetts and Genesio stuck in Brazil..

In an extraordinarily rare show of compassion, the  immigration officials granted permission for Genesio to enter the USA and remain here for one year on humanitarian grounds, clearing the way for him to try again for legal residency.

His return followed personal appeals by Senator John F. Kerry, US Attorney General Eric Holder, and Homeland Security Secretary Janet Napolitano on their behalf.

On Wednesday, Oliveira returned to Massachusetts for an emotional reunion “We’re overjoyed. Words can’t express it,” Coco, 49, an ad agency owner, said yesterday from their home in Haverhill, where he had decorated his yard with yellow ribbons to mark their long separation. “Every new moment now is a fresh new moment in our life.”

Tim coco has been advocating aggressively and consistently for his spouse  for years. This is what it takes – personal advocacy – that is what it took for Shirley Tan to get the Introduction of her Privater Bill.   But why are we still doing this?  Given this form of recognition as the only route for bi-national spouses, I recommend all Binationals start advocacy blitzes – maybe if we overrun the system with special requests they will wake up and pass UAFA as a matter for  their own convenience, rather than as a matter of our LGBT rights, the latter having been ignored thus far!

Lezgetreal reported on the couple back in October 2009 at http://lezgetreal.com/2009/10/melanie-nathan-calls-for-moratorium-as-brazilian-husband-denied-asylum/

Coco said he has spent about $250,000 in legal bills.  A heterosexual sponsorship of a spouse costs $750-$1500 if you use an attorney.

Oliveira was denied a visa to return to Massachusetts last year for the funeral of Coco’s mother.

Coco said the couple had  plans to launch a legal challenge against the federal Defense of Marriage Act as a violation of immigration laws. This rare permission comes in the face of the pending challenge.

Binational column by Melanie Nathan on LGR
http://lezgetreal.com/category/columns/binationals-uniting-american-familes/page/3/

By Melanie Nathan.

binationals@privatecourts.com