Bay Area family’s life upended by immigration nightmare
A lesbian couple living in Pacifica faces being split up as soon as this Friday because federal immigration law discriminates against same-sex couples.
Shirley Tan, a 43-year-old native of the Philippines, is set to be deported despite the fact that she’s been in a relationship in the United States for 23 years with Jay Mercado.
Mercado, 48, is a naturalized citizen who’s also from the Philippines, and the couple, who married in 2004 and have registered as domestic partners, have twin 12-year-old sons.
"I hope that I can stay here, because I don’t want to be apart from my kids ... they are my life, and really we are a solid family, and I love them so much that I don’t want to be separated from them," Tan said.
While Tan and Mercado face the most difficult of circumstances, federal legislation has been reintroduced in Congress that would protect binational same-sex couples. Unfortunately, it comes too late for Tan and Mercado as no action has been taken yet by Congress.
The Uniting American Families Act - House bill 1024 and Senate bill 424 - is proposed federal legislation that would protect thousands of couples like Tan and Mercado. The bills were re-introduced February 12.
The act would enable gay Americans to sponsor their foreign same-sex partners for legal residency in the United States. Under the current Immigration and Naturalization Act, an American citizen can only sponsor his or her opposite-sex spouse for a green card, representing legal residency.
Congresswoman Jackie Speier (D-San Mateo), who represents the district in which the women live, and Senator Barbara Boxer (D-California) are co-sponsors of the UAFA.
There is some hope that Congress will act immediately and pass a private bill that would allow Tan and Mercado to stay together in the United States or have time to make plans to move their family out of the country. Otherwise, Tan will likely be sent back to the Philippines, a country she hasn’t been to in more than 20 years and where she fears her life will be in danger.
Boxer and Senator Dianne Feinstein (D-California) are said to be working on the private bill.
Spokespeople for Boxer and Feinstein did not provide comment by press time.
In a statement, Speier said, "Shirley Tan’s unacceptable situation is just one example of why Congress must pass immigration equality legislation. ... I am confident that any official who examines the facts in Ms. Tan’s case will come to the conclusion that this hard-working mother of two American citizens should not be deported to a country where she has no support network and was the victim of a horrific act of violence."
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