As senators grapple with the new immigration reform bill, a large section of the population complains that they are being left out. Currently, the government values family ties when considering individuals for permanent residency and eventual citizenship. Unfortunately, the federal government does not recognize same-sex marriage, so couples that are immigrants and are in homosexual marriages can be excluded from family privileges. NPR writes that many same-sex couples are prevented from staying together in America and their children may also be in danger because they are not considered legitimate in the eyes of the law.

Many Americans marry foreign-born spouses. In a hetero-sexual marriage arrangement, an American citizen spouse can sponsor his or her fiancé on a visa so that that individual can enter the United States. Once the couple marries, the foreign-born spouse can be put on a path to permanent residency and if the marriage continues that individual may even be naturalized in the future. Yet when a foreign-born spouse enters the United States for a homosexual marriage, those same privileges are denied.

This is because of the 1996 Defense of Marriage Act which has been reviewed in the Supreme Court. Even though DOMA has been reviewed on a regular basis, no effort has been made to repeal the act. Because of this, marriage is still recognized as a relationship between a man and a woman, even in the 12 states where it has been legalized. A lesbian couple told NPR that when they married they were fully aware of the complications, but they decided to go through with the wedding anyway.

One partner is an immigrant from Peru, and the other is an American citizen. The women decided that they wouldn't let the government get in their way, and married anyway. Now, they fear their future as the ICE inspects the Peruvian partner's illegal status. This woman says that she has been waiting for things to change but as if late she has simply been forced to trust that things will work out.

There are an estimated 36,000 binational, same-sex couples in the United States. Nearly half of these couples have at least one child. Now, advocacy groups are calling the Senate to add language to their immigration bill that will focus on these individuals and help them with their plight. Unless the high court deals with DOMA and strikes down this measure, then many of the homosexual spouses from other countries that are in the United States will be forced to leave and go back to their original countries.

This will cause families to split, and will wreak havoc on those in this special group. For one lesbian couple, the idea of being separated is too painful. The two women have considered moving to one partner's homeland in Peru, but their marriage will not be recognized there as well. The women could also move to Canada, where same-sex marriage is recognized under federal law. The two women say that this is a serious consideration.

At present, the foreign-born partner in this relationship is getting her master's degree in nursing at Georgetown University so she is presently in the United States on a student visa. Once she finishes the program, her visa will expire and she will either remain in the United States illegally or need to head back to her native land of Peru. If you want more information about same-sex marriage, DOMA, and binational immigration then you need to talk to a local immigration lawyer today for information. With the right attorney on your side, you will be equipped to work through complications that may come your way.