Asylum for gay, married couples

March 21, 10:24 PMBoston Progressive Politics ExaminerNicole Rene Atchison

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Usually, an American can sponsor a spouse for citizenship. But what happens when the married couple is gay?

Same-gender couples have full legal marriage rights in Massachusetts. However gay marriage is not fully recognized by the Federal government. A gay married immigrant cannot be sponsored by their spouse. Some people in this situation file political asylum, based on political persecution, or fear of bodily harm once they return home due to their sexual orientation.

One such couple, the Oliveira-Coco's, has reached out to Senator Kerry. The couple was married in 2005 but Mr. Oliveira was not a citizen. The federal government does not recognize same-gender marriage due to the Defense of Marriage Act. Mr. Oliveira's petition for asylum was denied and he was subsequently forced to move back to his native Brazil in 2007.

Senator Kerry hopes to encourage the Obama administration to grant asylum to Mr. Oliveira. On March 19th, 2009, Senator Kerry wrote an open letter to Attorney General Holder to advocate on behalf of the Oliveira-Coco's. He has also co-sponsored a bill to allow gay married immigrants to be sponsored by their spouses.

The Oliveira-Coco family have been video conferencing and Mr. Coco has been to Brazil frequently to visit. He says he will move to Brazil if need be to keep his family together.

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