Australian loses fight to stay with husband
An Australian man has been ordered to leave the US after his application for permanent residency as a spouse of an American citizen was denied.
Anthony John Makk was married to his American partner, Bradford Wells, seven years ago in Massachusetts and has been the primary caregiver of his AIDS-afflicted husband.
Citing the Defense of Marriage Act (DOMA), the Obama administration denied immigration benefits to the married gay couple, who live in San Francisco, and ordered the expulsion of Makk.
The San Francisco Chronicle reports that the decision was issued on July 26 and that Immigration Equality, a gay-rights group that is working with the couple, made the news public on Monday.
Makk has been ordered to leave the US by August 25.
“I’m married just like any other married person in this country,” Wells told the Chronicle.
“At this point, the government can come in and take my husband and deport him. It’s infuriating. It’s upsetting. I have no power, no right to keep my husband in this country. I love this country, I live here, I pay taxes and I have no right to share my home with the person I married.”
Wells has made personal pleas to US Homeland Security Secretary Janet Napolitano and President Obama to intervene.
The agency’s decision cited DOMA as the reason for the denial of Makk’s visa, or spousal petition that could allow him to apply for permanent US residency, despite the Obama administration deciding earlier this year that DOMA was unconstitutional and would no longer defend it in court.
Republicans in the US House of Representatives have since hired outside counsel to defend the law.
Despite still enforcing DOMA, the Obama administration has been exercising discretion on a case-by-case basis.
The couple are reported to have spent nearly $2000 trying to gain Makk residency and must now decide whether to file a motion to reconsider the decision.
Makk gave up a professional career in Australia to be with Wells. He started a business in San Francisco and invested in rental property to meet various visa requirements.
Wells could choose to move to Australia with his partner but said doing so would require him to give up extensive medical care and insurance in the US.
“We are appealing to the Obama administration to begin to put into action what they’ve said repeatedly they can do,” Immigration Equality spokesman Steve Ralls told the Chronicle.
A spokesman for San Francisco Rep. Nancy Pelosi, said she had contacted immigration officials on behalf of the couple and “will be working to exhaust all appropriate immigration remedies that are open to pursue.”
Read the full story at the San Francisco Chronicle here.
[…] Visa was denied, and now he is being forced to leave the country, and his husband, behind: https://starobserver.com.au/news/…-husband/58988 How disgusting. They are legally married and yet they are to be forcibly separated. How cruel is […]
There is a case in the US Courts arguing that DOMA is unconstitutional. As I understand it, the Courts are blocking deportation orders while this case proceeds. I am pretty amazed Immigration is still issuing deportation orders. But I suppose the Immigration Department is “run” by Obama, and on gay issues he ranks close to Julia Gillard.
[…] Visa was denied, and now he is being forced to leave the country, and his husband, behind: https://starobserver.com.au/news/…-husband/58988 How disgusting. They are legally married and yet they are to be forcibly separated. How cruel is […]
[…] Visa was denied, and now he is being forced to leave the country, and his husband, behind: https://starobserver.com.au/news/…-husband/58988 How disgusting. They are legally married and yet they are to be forcibly separated. How cruel is […]
Unfortunately Australia probably won’t let Bradford “in” due to his HIV status!
Appauling situation; thinking of you both xx
[…] the couple, made the news public on Monday. Makk has been ordered to leave the US by August 25. https://starobserver.com.au/news/…-husband/58988 How disgusting. They are legally married and yet they are to be forcibly separated. How cruel is […]
Ok HOW can I get in touch with this couple? They should BOTH move to Australia. Marriage isn’t legal… YET, but they would have rights to at least be together and not be torn apart. HOW THIS SICKENS ME!!! GET RID OF DOMA!!! IT’S USELESS AND FORCES PEOPLE LIKE THIS LOVING COUPLE WHO HAVE BEEN TOGETHER FOR SO MANY YEARS TO JUST BE TORN APART! OH SOOOO MAAAAADDDDDD!!!!!!!! THEY AREN’T ILLEGAL IMMIGRANTS FOR F’S SAKE!! How many people are there sucking the life out of our economy that aren’t even legal, yet get to stay. These men are genuinely TRYING to go the right thing and getting punished for it. F OFF!! I’m sorry, I love my country in so many ways, but THIS is why I don’t live there anymore! I can’t handle this ridiculous, embarrassing behavior from the USA.
i hope they get to stay together they are married. thinking of you guys. xoxo
very very sad… hopefully common sense and human decency will prevail. Thinking of you guys xx